[Gnso-bylaws-dt] guideline on rejection actions

[McAuley, David]

Heather and members/staff of the drafting team:



I did a final review of our document<https://docs.google.com/document/d/1g-FNo2qm0Ohc6osJJ20sud1O5yDg9xv1v5Ux0n9Z9Ic/edit> on rejection action sections (2.2 and 2.3 of Annex D).



I made a couple of minor text changes as you can see in the document and asked Ariel a couple of clarification points - please take a look.



Like the rest of Annex D, this document wades through pretty complex material. Upon reviewing it this last time, I came to believe there is a flaw in the bylaws respecting rejection actions. It does not immediately affect our drafting, that seems to be done correctly.



But the operation of the bylaw provision seems unusual. My concern is this: as I read it, the period within which an 'individual' may submit a rejection action petition is 21 days (Annex D, section 2.2.(b)) but the GNSO Council must accept or reject that petition within the same 21-day period (Annex D, section 2.2.(c)(ii)).



Our fix for this conundrum is to demand that the individual's petition be submitted within 10 days - see last sentence in paragraph 4.2.1.1 of the document.



That gives the individual up to 10 days out of 21 in which to submit a petition and gives the Council as little as 11 days to act - that's pretty tight. And the 10-day limitation is justified, I expect, by language in Annex D, section 2.2.(b) that says that during the 21-day period an individual may submit a petition 'subject to the procedures and requirements developed by the applicable Decisional Participant.' Limiting the period to 10 days seems a reasonable 'requirement' to me given Council's need for time to act. But I wouldn't rule out an individual in future at least arguing that the 10-day limitation is inconsistent with the bylaw provision.



Ariel asks a good question in the document - is 10 days to submit a petition too long? It is a tough balancing act but my opinion is no, it's not too long under the circumstances.



Best regards,

David



David McAuley

Sr International Policy & Business Development Manager

Verisign Inc.

703-948-4154



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