[CPWG] Subsequent Procedures Update: Accountability Mechanism, snapshot as at 5 Oct 2019

Justine Chew justine.chew at gmail.com
Sun Oct 6 15:00:15 UTC 2019


Dear all,

Reference is made to the *SubPro Updates workspace*
<https://community.icann.org/x/6a_jBg>.

The Subsequent Procedures PDP WG has started deliberating on public
comments received on the topic of Accountability Mechanism on 1 Oct 2019.
Deliberations will continue on its next call on 7 Oct at 15:00 UTC.

Here is an *update on the topic of Accountability Mechanism as at 5 Oct
2019
<https://community.icann.org/download/attachments/111390697/01.%20SubPro%20Accountability%20Mechanism%20%5BAppeals%5D%20as%20at%205.10.2019%20for%20CPWG.pdf?version=1&modificationDate=1570370108344&api=v2>*
.

Please note that while "Accountability Mechanism" is better associated with
mechanism per the Bylaws, namely Request for Reconsideration, Independent
Review Process and ICANN Ombudsman, within the SubPro context,
"Accountability Mechanism" is about appeals for the new gTLD Program --
looking at rights and forms of appeals to decisions made during evaluation,
objections, either by ICANN Org/Board, external evaluators, external third
party Dispute Resolution Service Providers (DRSPs), as well as in respect
of post-delegation dispute resolution procedures.

CCT Recommendation #35 is picked up under this topic, specifically
sub-recommendation (3) "*Introducing a post dispute resolution panel review
mechanism*".

As I alluded to at the CPWG call of 26 Sep under the topic of Objections,
there were public comments which suggested that ALAC's ability to file
Objections in subsequent procedures be explicitly limited on account of
budgetary constraint.

Along the same lines, a question was raised during the last SubPro WG
call as to whether AC's should be funded by ICANN to file appeals. This is
something which may require addressing either through a position relayed to
SubPro WG momentarily and/or in any statement in response to the call for
public comments to SubPro WG's final report in due course.

On that note, I wish you a pleasant week ahead.

Justine Chew
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