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

[Alan Greenberg]

I would like to raise the issue of the ALAC ability to object to applications as well as its ability to appeal such judgements.

In the last round, the ALAC filed three objections with one of them later being withdrawn. All were to .health.

I believe that the ALAC needs to formally determine if it wants such objection rights in future gTLD rounds. If we do want that right, I believe that we also need the right to appeal and in both cases, if we are not funded by ICANN, then the right is meaningless.

I do not have copies of the objections we filed, but for the two cases where there were judgements (against us), they can be found at:

https://newgtlds.icann.org/sites/default/files/drsp/17jan14/determination-1-1-1489-82287-en.pdf ;
https://newgtlds.icann.org/sites/default/files/drsp/17jan14/determination-1-1-1684-6394-en.pdf .

I believe that the ALAC decsiion should be based on the past history and on whether we truly believe that we will allocate appropriate resources to such a future action.

In aid of that, I suggest the CPWG, and more importantly the ALAC, be quickly briefed by Olivier (who as ALAC Chair was the point person in the earlier objections) on the history and efforts associated with the three .health objections.

I may be on today's call but if so, only for part of it.

Alan

At 06/10/2019 11:00 AM, Justine Chew wrote:
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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