[Ccwg-auctionproceeds] [Ext] Re: For your review - updated language in relation to individual appeals mechanism

Fri Aug 23 19:23:42 UTC 2019

I agree to remove because as Marilyn has mentioned, it seems to conflict
with the consensus opinion of our recent discussion on this issue.

On Fri, Aug 23, 2019 at 9:10 AM Becky Burr <BBurr at hwglaw.com> wrote:

> I would remove it.
>
>
> J. Beckwith Burr
>
> HARRIS, WILTSHIRE & GRANNIS LLP
>
> 1919 M Street NW/8th Floor
>
> Washington DC 20036
>
> 202.730.1316 (P) 202.352.6367 (M)
>
>
> ________________________________
> From: Marika Konings <marika.konings at icann.org>
> Sent: Friday, August 23, 2019 2:06:27 PM
> To: Becky Burr
> Cc: Becky Burr; Marilyn Cade; ccwg-auctionproceeds at icann.org
> Subject: Re: [Ccwg-auctionproceeds] [Ext] Re: For your review - updated
> language in relation to individual appeals mechanism
>
> Both paragraphs would be included - the second is the actual
> recommendation. If you and others think this sentence could be interpreted
> to mean that despite the CCWG’s recommendation the mechanism could still
> establish an individual appeals process, maybe it is best to remove it?
>
> Best regards,
>
> Marika
>
> > On 23 Aug 2019, at 09:43, Becky Burr <BBurr at hwglaw.com> wrote:
> >
> > Will both paragraphs be included or just the second?  If both, what does
> this sentence mean: "This should not necessarily prevent applicants from
> seeking redress through other means as defined by the mechanism responsible
> for disbursement of auction proceeds."
> >
> >
> > Does this mean the independent evaluation panel would be permitted to
> create redress mechanisms?  Is that what is intended?
> >
> >
> > J. Beckwith Burr
> >
> > HARRIS, WILTSHIRE & GRANNIS LLP
> >
> > 1919 M Street NW/8th Floor
> >
> > Washington DC 20036
> >
> > 202.730.1316 (P) 202.352.6367 (M)
> >
> >
> > ________________________________
> > From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org> on
> behalf of Marika Konings <marika.konings at icann.org>
> > Sent: Friday, August 23, 2019 10:50:50 AM
> > To: Becky Burr; Marilyn Cade
> > Cc: ccwg-auctionproceeds at icann.org
> > Subject: Re: [Ccwg-auctionproceeds] [Ext] Re: For your review - updated
> language in relation to individual appeals mechanism
> >
> > Thanks all for your input. The updated language would read as follows:
> >
> > The CCWG discussed whether an appeals mechanism should be available for
> applicant not selected and/but agreed that this would create a level of
> complexity that was deemed not desirable or necessary, after having
> reviewed how other organizations deal with appeals. Instead, it is the
> expectation that applicants not selected [should receive further details
> about where information can be found about the next round of applications
> as well as any educational materials that may be available to assist
> applicants]. would receive feedback as part of the response to their
> application outlining the reasons for why their application was not
> selected. Also, in the context of the regular review of the mechanisms,
> both selected applicants and non-selected applicants should be invited to
> participate and provide any feedback they may have on how the program can
> be further improved. The CCWG did agree that appropriate measures should be
> taken that would exclude applicants from using ICANN accountability
> measures such as IRP. The reason for this recommendation is that the Board
> decision in this [any review] context would be in relation to the [overall
> program’s] disbursement of funds based on the recommendations of the
> independent evaluation panel and not as a result of the ICANN’s Board
> assessment of an individual application. This should not necessarily
> prevent applicants from seeking redress through other means as defined by
> the mechanism responsible for disbursement of auction proceeds.
> > CCWG Recommendation #NEW: Applicants should not have access to ICANN
> accountability mechanisms such as IRP to challenge a decision from the
> independent evaluation panel to not approve their application, but
> applicants not selected [should receive further details about where
> information can be found about the next round of applications as well as
> any educational materials that may be available to assist applicants].
> [not selected should receive feedback as part of the response to their
> application outlining the reasons for why their application was not
> selected].
> > Best regards,
> >
> > Marika
> >
> > From: Becky Burr <becky.burr at board.icann.org>
> > Date: Thursday, August 22, 2019 at 11:36
> > To: Marilyn Cade <marilynscade at hotmail.com>
> > Cc: "maarten.botterman at board.icann.org" <
> maarten.botterman at board.icann.org>, Marika Konings <
> marika.konings at icann.org>, "ccwg-auctionproceeds at icann.org" <
> ccwg-auctionproceeds at icann.org>
> > Subject: [Ext] Re: [Ccwg-auctionproceeds] For your review - updated
> language in relation to individual appeals mechanism
> >
> > agree with Marilyn's proposed changes
> >
> > On Thu, Aug 22, 2019 at 1:25 PM Marilyn Cade <marilynscade at hotmail.com
> <mailto:marilynscade at hotmail.com>> wrote:
> > Agreeing with Maarten.
> > If people can misunderstand, they will! It is just human nature, made
> more complex by multiple languages.
> >
> > 🙂
> > I am going a little further with a slight adjustment to the present
> language/but it is only a
> > POSSIBLE REVISION: HIGHLIGHTED/AND IN CAPS. Deletions in [ ].
> >
> >
> > The reason for this recommendation is that the Board decision in [this]
> ANY REVIEW context would be in relation to the OVERALL PROGRAM'S
> disbursement of funds based on the recommendations of the independent
> evaluation panel
> >
> > ________________________________
> > From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org
> <mailto:ccwg-auctionproceeds-bounces at icann.org>> on behalf of
> maarten.botterman at board.icann.org<mailto:maarten.botterman at board.icann.org>
> <maarten.botterman at board.icann.org<mailto:
> maarten.botterman at board.icann.org>>
> > Sent: Thursday, August 22, 2019 10:40 AM
> > To: 'Marika Konings' <marika.konings at icann.org<mailto:
> marika.konings at icann.org>>
> > Cc: ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>
> <ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org>>
> > Subject: Re: [Ccwg-auctionproceeds] For your review - updated language
> in relation to individual appeals mechanism
> >
> >
> > Dear Marika,
> >
> >
> >
> > Just to avoid new confusion, it may be good to be crisp clear in your
> text that neither Board nor Org will be evaluating and making
> determinations on individual applications, this is the role of the
> Independent Panel.
> >
> >
> >
> > When you say below:
> >
> >
> >
> > The reason for this recommendation is that the Board decision in this
> context would be in relation to the disbursement of funds based on the
> recommendations of the independent evaluation panel and not as a result of
> the ICANN’s Board assessment of an individual application.
> >
> >
> >
> > It may happen that people who have not intensely followed the process
> *could* get the impression that the Board would assess individual
> applications, and we will not.
> >
> >
> >
> > Thanks
> >
> >
> >
> > Maarten
> >
> >
> >
> > From: Ccwg-auctionproceeds <ccwg-auctionproceeds-bounces at icann.org
> <mailto:ccwg-auctionproceeds-bounces at icann.org>> On Behalf Of Marika
> Konings
> > Sent: Wednesday, 21 August 2019 23:42
> > To: ccwg-auctionproceeds at icann.org<mailto:ccwg-auctionproceeds at icann.org
> >
> > Subject: [Ccwg-auctionproceeds] For your review - updated language in
> relation to individual appeals mechanism
> >
> >
> >
> > Dear CCWG,
> >
> >
> >
> > Thanks all for your input and suggestions in relation to the proposed
> language concerning the individual appeals mechanism. Hereby for your
> review updated language (in bold and brackets) which aims to reflect the
> input received during today’s meeting. As also noted, staff will review the
> latest draft of the report and insert in the appropriate place
> implementation guidance that would recommend that appropriate informational
> materials are developed and provided to assist applicants. If you have any
> further comments, concerns or suggestions, please share these by Friday 23
> August at the latest.
> >
> >
> >
> > Proposed text for inclusion in the Final Report in relation to an
> individual appeals mechanism:
> >
> >
> >
> > The CCWG discussed whether an appeals mechanism should be available for
> applicant not selected and/but agreed that this would create a level of
> complexity that was deemed not desirable or necessary, after having
> reviewed how other organizations deal with appeals. Instead, it is the
> expectation that applicants not selected [should receive further details
> about where information can be found about the next round of applications
> as well as any educational materials that may be available to assist
> applicants]. would receive feedback as part of the response to their
> application outlining the reasons for why their application was not
> selected. Also, in the context of the regular review of the mechanisms,
> both selected applicants and non-selected applicants should be invited to
> participate and provide any feedback they may have on how the program can
> be further improved. The CCWG did agree that appropriate measures should be
> taken that would exclude applicants from using ICANN accountability
> measures such as IRP. The reason for this recommendation is that the Board
> decision in this context would be in relation to the disbursement of funds
> based on the recommendations of the independent evaluation panel and not as
> a result of the ICANN’s Board assessment of an individual application. This
> should not necessarily prevent applicants from seeking redress through
> other means as defined by the mechanism responsible for disbursement of
> auction proceeds.
> >
> > CCWG Recommendation #NEW: Applicants should not have access to ICANN
> accountability mechanisms such as IRP to challenge a decision from the
> independent evaluation panel to not approve their application, but
> applicants not selected [should receive further details about where
> information can be found about the next round of applications as well as
> any educational materials that may be available to assist applicants].
> [not selected should receive feedback as part of the response to their
> application outlining the reasons for why their application was not
> selected].
> >
> > Best regards,
> >
> >
> >
> > Marika
> >
> >
> >
> > Marika Konings
> >
> > Vice President, Policy Development Support – GNSO, Internet Corporation
> for Assigned Names and Numbers (ICANN)
> >
> > Email: marika.konings at icann.org<mailto:marika.konings at icann.org>
> >
> >
> >
> > Follow the GNSO via Twitter @ICANN_GNSO
> >
> > Find out more about the GNSO by taking our interactive courses [
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> >.
> >
> >
> > _______________________________________________
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