[council] [Ext] Re: Action Item: Draft Response to Questions on the Independent Review Process Oversight Team (IRP-IOT)

Mon Oct 7 20:32:38 UTC 2019

Dear councillors,
I agree that this should go through the mailing list instead of going
through a small group. I fully support Elsa's ad Ayden's points about not
mentioning specific organisations that have a conflict of interest. This
issue is too important to be decided between the leadership and two members
of the drafting team who have a disagreement on this issue.
Warm regards,
Tatiana

On Mon, 7 Oct 2019 at 18:11, Ayden Férdeline <icann at ferdeline.com> wrote:

> Dear all,
>
> May I propose that the discussion on this point, if it even need continue,
> please continue on this mailing list and that a separate call not be
> scheduled? I think it is important that all members of the Council - and
> not just a small, select group - are able to input into this important
> conversation. Thanks!
>
> Best wishes, Ayden
>
>
>
> ‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
> On Monday, 7. October 2019 17:25, Flip Petillion <fpetillion at petillion.law>
> wrote:
>
> Hi Keith,
>
> All,
>
>
>
> I still don’t read any substantiation in support of the allegations. WIPO
> would not manage any IRPs but would merely stand ready to assist any ICANN
> request for information on ADR generally and/or potential expert/arbitrator
> selection processes.
>
>
>
> Moreover, you may recall that IP is embedded in the Universal Declaration
> of Human Rights (UDHR) and the United Nations Declaration for the Right of
> Indigenous People (UNDRIP). I believe it makes sense to have a diverse list
> of dispute resolution providers and to avoid any type of bias by making a
> narrow selection before even starting the process.
>
>
>
> As to WIPO, it is “the global forum for IP services, policy, information
> and cooperation [whose] mission is to lead the development of a balanced
> and effective international IP system that enables innovation and
> creativity for the benefit of all.”
>
>
>
> In my opinion, the list should include ICC, ICDR and WIPO as current and
> past service providers of ICANN, and leave the option open to consult other
> institutions.
>
>
>
> I await the doodle invite.
>
>
>
> Best regards,
>
>
>
> Flip
>
>
>
> Flip Petillion
>
> fpetillion at petillion.law
>
> +32484652653
>
> www.petillion.law
>
>
>
> [image: signature_2376235] <http://www.petillion.law/>
>
>
>
>   Attorneys – Advocaten - Avocats
>
>
>
>
>
>
>
>
>
> *From: *"Drazek, Keith" <kdrazek at verisign.com>
> *Date: *Friday, 4 October 2019 at 21:26
> *To: *Flip Petillion <fpetillion at petillion.law>, "julie.hedlund at icann.org"
> <julie.hedlund at icann.org>, "elsa.saade at gmail.com" <elsa.saade at gmail.com>,
> "council at gnso.icann.org" <council at gnso.icann.org>
> *Subject: *RE: [council] [Ext] Re: Action Item: Draft Response to
> Questions on the Independent Review Process Oversight Team (IRP-IOT)
>
>
>
> Hi Flip,
>
>
>
> Thanks for your email. I did not realize that there was a disagreement
> within the drafting team (you and Elsa) on the point concerning the removal
> of WIPO, prior to her request to remove it, and the finalization of the
> comment. I will ask staff to set up a call among the leadership team and
> the two of you for next week so we can try to resolve this. Please watch
> for a doodle poll.  We have also notified Samantha Eisner that we may need
> to retract the current statement and will provide her an update next week.
>
>
>
> Thanks,
>
> Keith
>
>
>
> *From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Flip
> Petillion
> *Sent:* Friday, October 04, 2019 11:20 AM
> *To:* Julie Hedlund <julie.hedlund at icann.org>; Elsa S <
> elsa.saade at gmail.com>; Council at gnso.icann.org
> *Subject:* [EXTERNAL] Re: [council] [Ext] Re: Action Item: Draft Response
> to Questions on the Independent Review Process Oversight Team (IRP-IOT)
>
>
>
> All:
>
>
>
> Thank you for reviewing the proposed text and for the feedback presented.
> However, I am compelled to formally object to the proposal to remove WIPO
> as an expert due to a conflict of interest. To my knowledge, this conflict
> has never been adequately explained or justified; nor has it been discussed
> (neither with nor without the involvement of the parties concerned).
>
>
>
> I had objected to this change before the text was submitted and that
> objection went unheeded. As we are a working group of 2 and there is an
> absence of consensus (in accordance with the GNSO Operating Procedures),
> the appropriate course of action is for Council to discuss and determine
> the disposition of the question.
>
>
>
> So far, I have only read a vague suggestion of ‘removing those
> [institutions] with conflict of interest given the nature of an IRP.’ This
> is a rather serious accusation that has no apparent basis (and yet has a
> material impact). I would therefore urge caution in removing a source
> that is clearly a world expert in this area. Compounding the matter, I am
> not aware of anyone following up on this suggestion at this point. No
> organisation was identified as having a ‘conflict of interest given the
> nature of an IRP.’ No explanation has been given as to the existence of an
> actual conflict of interest. Furthermore, it is unclear what was meant by
> ‘the nature of an IRP’ in this context?
>
>
>
> Therefore, I see no justification in removing a single dispute resolution
> provider like WIPO from the list of institutions that may be consulted with
> a view to preparing a standing panel. WIPO is an internationally-recognized
> institution which duly reports to its Member States (its annual Assemblies
> are in fact occurring this week), has neutrally and impartially operated
> the UDRP (covering 45,000 cases) for more than twenty (20) years now to the
> benefit of all ICANN stakeholders, which is trusted by over seventy-five
> (75) national registries for their policy and case expertise, and which has
> moreover led the way for ICANN in managing the LRO pre-delegation disputes
> process. Furthermore, I see no basis for ICANN staff to decide unilaterally
> to remove a provider from the list in a communication that is supposed to
> be prepared by the GNSO Council and for which I hold leadership
> responsibilities.
>
>
>
> In order to rectify this situation, I see two options:
>
>
>
>    1. We revert back to the original text and, if necessary, have council
>    debate on the subject; or
>    2. The objection could be withdrawn.
>
>
>
> Thank you.
>
>
>
> Kind regards,
>
>
>
> Flip
>
>
>
> P.S.: That said, I would suggest an additional change: that the GNSO
> Council consider removing the Permanent Court of Arbitration (PCA) from the
> list, albeit for reasons unrelated to the subject above. To my knowledge,
> ICANN has not previously engaged with the PCA. Asking them to assist now
> may seem inappropriate unless we can provide compelling reasons to the
> contrary. As far as I am aware, ICANN has not had any intention to rely on
> PCA’s services, nor has it such intention for the future. During the last
> council meeting, I did make this suggestion, but I am not aware of any
> subsequent actions.
>
>
>
>
>
> Flip Petillion
>
> fpetillion at petillion.law
>
> +32484652653
>
> www.petillion.law
>
>
>
> [image: signature_1434183782] <http://www.petillion.law/>
>
>
>
>   Attorneys – Advocaten - Avocats
>
>
>
>
>
>
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of Julie
> Hedlund <julie.hedlund at icann.org>
> *Date: *Tuesday, 1 October 2019 at 16:52
> *To: *Elsa S <elsa.saade at gmail.com>, "Council at gnso.icann.org" <
> council at gnso.icann.org>
> *Subject: *Re: [council] [Ext] Re: Action Item: Draft Response to
> Questions on the Independent Review Process Oversight Team (IRP-IOT)
>
>
>
> Dear Elsa and Councilors,
>
>
>
> As the deadline for comments ended yesterday, 30 September, and Elsa’s
> suggestion below is the only comment received, please see the attached
> final version of the response reflecting the minor change suggested by
> Elsa.  This response will be delivered shortly.
>
>
>
> Kind regards,
>
> Julie
>
>
>
> *From: *Elsa S <elsa.saade at gmail.com>
> *Date: *Wednesday, September 25, 2019 at 9:12 AM
> *To: *Julie Hedlund <julie.hedlund at icann.org>
> *Cc: *"Council at gnso.icann.org" <council at gnso.icann.org>
> *Subject: *[Ext] Re: [council] Action Item: Draft Response to Questions
> on the Independent Review Process Oversight Team (IRP-IOT)
>
>
>
> Hi Julie,
>
>
>
> Thanks for resending this out! I just wanted to draw attention to the
> external expertise mentioned in the text, and would suggest removing those
> with conflict of interest given the nature of an IRP.
>
>
>
> Best,
>
>
>
> Elsa
>
> —
>
>
>
> On Wed, Sep 25, 2019 at 8:17 AM Julie Hedlund <julie.hedlund at icann.org>
> wrote:
>
> Dear Councilors,
>
>
>
> Per the action items below, please note in particular this one:
>
>
>
> *Item 11: COUNCIL DISCUSSION - Draft Response to Questions on the
> Independent Review Process Oversight Team (IRP-IOT)*
>
>
>
> *Action items:*
>
>    - *Councilors* to provide input by *30 September 2019*. *Small team* to
>    address Councilors feedback, if applicable, and complete revised draft for
>    sending to ICANN org.
>
>
>
> With respect to this item please review the attached draft response and
> provide input, if any, by *Monday, 30 September 2019* according to the
> actions.
>
>
>
> Kind regards,
>
> Julie
>
> Julie Hedlund, Policy Director
>
>
>
> *From: *council <council-bounces at gnso.icann.org> on behalf of Andrea
> Glandon <andrea.glandon at icann.org>
> *Date: *Tuesday, September 24, 2019 at 8:22 PM
> *To: *"Council at gnso.icann.org" <council at gnso.icann.org>
> *Cc: *"'gnso-secs at icann.org'" <gnso-secs at icann.org>
> *Subject: *[council] Action Items: GNSO Council meeting 19 September 2019
>
>
>
> Dear Councilors,
>
>
>
> Please find the action items, as stated during the meeting, from the GNSO
> Council call held on 19 September 2019.
>
>
>
> Please ensure your wiki logins are up to date as all Action Items have
> been assigned to councilors and/or staff and posted on the Action Item wiki
> page here
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_RgZlAg&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=3-hGIGNPG_MVccHXahT9lk8qFDbuDuo_wwbRzKZZQGg&s=do3fZzjIln0Jwcx8qKogeUnOo6PFhu4TNs9Q0S7YzIs&e=>.
> If you are logged into the wiki when you go to that page, your name will be
> highlighted alongside the action item assigned to you. Please refer to this
> page for the recent status updates on the Action items.
>
>
>
> Please note that actions for all councilors are highlighted below.
>
>
>
> *ACTION ITEMS FROM THE GNSO COUNCIL MEETING 19 SEP 2019*
>
>
>
> *Item 2. Opening Remarks / Review of Projects & Action Items List*
>
>
>
> *Action Items:*
>
>    - None
>
>
>
> *Item 3: Consent Agenda *
>
>
>
> *Action items:*
>
>    - None
>
>
>
> *Item 4: COUNCIL DISCUSSION – ICANN Board referrals of CCT-RT
> recommendations to GNSO Council and GNSO PDP WGs*
>
>
>
> *Action items:*
>
>    - *Councilors *to review and send comments, if applicable, by 26
>    September 2019.
>    - *Council leadership* to subsequently draft cover letter and send
>    response to the ICANN Board, shortly thereafter.
>
>
>
> *Item 5: COUNCIL DISCUSSION – Discussion of the Inter-Registrar Transfer
> Policy (IRTP) Policy Status Report and Council next steps*
>
>
>
> *Action items:*
>
>    - *Council* to convene a small focused drafting team (e.g., like the
>    IDN Scoping Team) to review several items, including at least the review of
>    the ICANN Policy Status Report, considering the possibility of policy
>    development mechanisms, and the form of authorization (FOA) issues.
>    - *ICANN Staff *to circulate call for volunteers to form small
>    drafting team.
>
>
>
> *Item 6: COUNCIL DISCUSSION – Draft Amendments to the Review of All Rights
> Protection Mechanisms in All gTLDs Charter to Integrate Recommendation 5
> From IGO-INGO Access to Curative Rights Protection Mechanisms Final Report*
>
>
>
> *Action items:*
>
>    - *Small team* to address Councilors’ feedback (e.g., language about
>    new recommendations superseding recommendations 1-4, ensuring technical
>    expertise is available, and team composition) and deliver a revised draft
>    by 27 September for Council review. After Council approval, send to the
>    GAC/IGOs for their review.
>
>
>
> *Item 7: COUNCIL DISCUSSION – ICANN Org’s Request for Clarification on
> Data Accuracy and Phase-2 of the Expedited Policy Development Process
> (EPDP) on the Temporary Specification for gTLD Registration Data*
>
>
>
> *Action items:*
>
>    - *Councilors* to provide input by *7 October 2019*. *Small team* to
>    address Councilors’ feedback and complete revised draft for Council review
>    and approval for sending to ICANN org.
>
>
>
> *Item 8: COUNCIL DISCUSSION -  EPDP P1 Recommendation 27: ICANN Org’s
> Assessment of Impact From GDPR on Existing Policies / Procedures*
>
>
>
> *Action items:*
>
>    - None
>
>
>
> *Item 9 - PDP 3.0 Small Group Update/Discussion*
>
>
>
> *Action items:*
>
>    - *PDP 3.0* team to consider how input from outside the GNSO can be
>    solicited.
>
>
>
> *Item 10: COUNCIL DISCUSSION - Draft Response to the Verisign Request to
> Defer Enforcement of the Thick WHOIS Transition Policy*
>
>
>
> *Action items:*
>
>    - *Council leadership* to send letter to ICANN Board.
>
>
>
> *Item 11: COUNCIL DISCUSSION - Draft Response to Questions on the
> Independent Review Process Oversight Team (IRP-IOT)*
>
>
>
> *Action items:*
>
>    - *Councilors* to provide input by *30 September 2019*. *Small team*
>    to address Councilors feedback, if applicable, and complete revised draft
>    for sending to ICANN org.
>
>
>
> *Item 12: ANY OTHER BUSINESS*
>
>
>
> *12.1 - **Draft GNSO Council letter* [gnso.icann.org]
> <https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_default_files_file_field-2Dfile-2Dattach_gnso-2Dcouncil-2Dto-2Dicann-2Dboard-2D13sep19-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=wzIcuBNsTyK_-aJaQlHE3GJd912842EagkY1lxr5Dys&s=i9lKVPogIFc9wMxzTAhK0c5W76B9uenIwV2XvbM6IUM&e=>*
> to the ICANN Board regarding potential dependencies between the Name
> Collisions Analysis Project (NCAP) and New gTLD Subsequent Procedures. *
>
>
>
> *Action items:*
>
>    - *Council leadership* to send letter to ICANN Board.
>
> *12.2 - Approval of the 2019 slate of Members and Liaisons on the Customer
> Standing Committee (CSC) - possible email vote*
>
>
>
> *Action items:*
>
>    - *None*
>
>
>
> *NEW: 12.3 - Invitation to Provide Feedback on the ICANN Board’s Proposed
> Public Interest Framework*
>
>
>
> *Action items:*
>
>    - *Council* to convene a small drafting team to formulate a response
>    to the public comment period.
>    - *ICANN Staff *to circulate call for volunteers to form small
>    drafting team.
>
>
>
> *Andrea Glandon*
>
> GNSO SO/AC Support
>
> Internet Corporation for Assigned Names and Numbers (ICANN)
>
> *Email:*  andrea.glandon at icann.org
>
> *Skype ID:*  acglandon76
>
>
>
> Find out more about the GNSO by visiting: https://learn.icann.org/
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> located on the GNSO Master Calendar [gnso.icann.org]
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> --
>
> --
>
> Elsa Saade
> Consultant
>
> Gulf Centre for Human Rights
>
> Twitter: @Elsa_Saade
>
>
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