[CWG-Stewardship] CCWG-ACCT Request for Guidance on PTI - IRP - Please respond by 23h59 UTC Monday 25 January 2016
Matthew Shears
mshears at cdt.org
Mon Jan 25 13:13:51 UTC 2016
Would it be useful to try and list the possible situations where
recourse to an appeals mechanism would be used? This might give us a
better sense of what type of mechanism would be suited and whether or
not the IRP would be appropriate/adequate?
Matthew
On 22/01/2016 12:33, Jonathan Robinson wrote:
>
> All,
>
> We have received a direct request (see below) from the CCWG
> Accountability Co-Chairs for further guidance with respect to the
> application of the IRP to the actions (or inactions) of PTI.
>
> Moreover, we have had input from Sidley via the Client Committee as
> follows:
>
> /“Sidley spoke with Becky Burr from CCWG today regarding the CWG
> dependency for an IRP process. Based on the call, it appears that
> the open question for CWG is whether the CWG dependency is adequately
> met with an ICANN bylaw provision that allows for an IRP if ICANN
> fails to enforce the contract with PTI (for example, due to a material
> performance breach by PTI that is not cured) – or whether in addition
> to such an ICANN bylaw, a separate process is also required that would
> give direct customers a right to mediation or arbitration to address
> SLAs or other service issues. If the latter is required, then in
> order for CCWG to create such a process, it would need input from CWG
> on what the standard of review should be for those types of
> proceedings and what the type of process would be – for example, would
> non-binding mediation be sufficient to address a direct customer issue
> or would binding arbitration be required? By clarifying this point,
> CCWG will be better positioned to ensure that the CWG dependency is
> being met in the CCWG proposal.”/
>
> So the essential question is:
>
> A.Is an ICANN bylaw provision that allows for an IRP if ICANN fails to
> enforce the contract with PTI (for example, due to a material
> performance breach by PTI that is not cured) sufficient?
>
> OR
>
> B.In addition to such an ICANN bylaw, is a separate process also
> required that would give direct customers a right to mediation or
> arbitration to address SLAs or other service issues?
>
> If B above, what type of process is necessary?
>
> As discussed in our CWG meeting yesterday, it will be particularly
> helpful if when responding to the above, you provide a rationale for
> your response.
>
> In addition, if possible, please make reference to (and be consistent
> with) the prior work of this CWG Stewardship (such as our proposal in
> response to the RFP from the ICG).
>
> Given that the request from the CCWG Co-Chairs indicates their need to
> close this item by 28 January, we need to discuss this soon.
> Accordingly, we request that you provide input ASAP and, in any event,
> _by 23h59 UTC Monday 25 January 2016_.
>
> Thank-you,
>
>
> Jonathan & Lise
>
> Co-chairs, CWG Stewardship
>
> *From:*Alice Jansen [mailto:alice.jansen at icann.org]
> *Sent:* 21 January 2016 17:05
> *To:* Lise Fuhr <Fuhr at etno.eu>; Jonathan Robinson <jrobinson at afilias.info>
> *Cc:* Mathieu Weill <mathieu.weill at afnic.fr>; Thomas Rickert
> <thomas at rickert.net>; León Felipe Sánchez Ambía
> <leonfelipe at sanchez.mx>; Grace Abuhamad <grace.abuhamad at icann.org>;
> acct-staff at icann.org
> *Subject:* CCWG-ACCT Request for Guidance on PTI - IRP
>
> _Sent on behalf of CCWG-Accountability Co-Chairs_
>
> Dear Lise, Dear Jonathan,
>
> This is to inform you that further to our call #79, the CCWG-ACCT
> seeks the CWG-Stewardship’s guidance on the two proposed approaches
> that were suggested to address the dependency that relates to PTI
> compliance through the Independent Review Process (IRP) i.e.:
>
> 1.Provide direct access to IRP for PTI action or inaction;
>
> 2.Oblige ICANN in Bylaws to ensure PTI compliance, in which case
> failure to do is covered by IRP.
>
> We are currently in the final stages of discussion to issue our
> supplemental report and would need to close this item by 28 January.
> Any prompt feedback you could send us would be much appreciated.
>
> We look forward to your guidance.
>
> Thank you
>
> Best regards
>
> Mathieu, Thomas, León
>
>
>
> _______________________________________________
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> CWG-Stewardship at icann.org
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--
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Center for Democracy & Technology | cdt.org
E: mshears at cdt.org | T: +44.771.247.2987
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