[DTC CSC] CSC role in disputes between IANA and registry operator

[Kim Davies]

Hi Martin, Hi all,

> On Apr 13, 2015, at 10:32 AM, Martin Boyle <Martin.Boyle at nominet.org.uk> wrote:
>  
> Good thinking.  Kim is likely to have an answer that might help explain this:  I really feel bemused by Chuck’s position and what cases the CSC might be called on to judge.  And a concern I have is that if there is another appeals route, people will use it.  As we heard from Allan MacG, we certainly do not know how to deal with ccTLD appeals and there are issues on who gets to judge a hostile redelegation?
>  
> Perhaps there are perhaps two options:
>  
> ·         The IANA functions operator establishes a mediation service (but this then becomes the end of the road); or
>  
> ·         The IANA functions operator publishes the documentation and the reason for its decision.  The CSC, ccNSO or GNSO could all challenge the decision on the basis of failure to meet process or policy.
>  
> I am particularly alarmed at the DT-M proposal that the appeal “process is open to anyone (including individuals, ccTLD regional organisations, ICANN SO/ACs etc).”  So Paul Kane could argue that .uk should be run by .ac (to take a ludicrous example) in spite of what the national process had decided?  An individual could pursue a case at great length.  Whereas the NTIA could say, go away, the individual members might find themselves embroiled in a serious legal dispute.

I would say my 2c is there are always parties that are going to disagree with a specific choice of a ccTLD manager. I am sure there are some people out there who are not fans of Nominet. :-)

I would actually go so far as to say if there us unanimous community support for a ccTLD redelegation, then there is probably something wrong because not enough people know about it. If an appeals process is open to any party without a specific threshold to have standing, then it would seem there would need to be carefully designed processes to assess the scope of what they are entitled to challenge, and under what circumstances.

kim


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