[Gnso-igo-ingo-crp] IGO-INGO Curative Rights PDP WG

Susan Kawaguchi susankpolicy at gmail.com
Fri Mar 9 18:34:48 UTC 2018


Dear IGO-INGO Curative Rights Policy Development Process Working Group
members,



I write as the GNSO Council Liaison to this Working Group, to circulate a
recommendation from Dr. Heather Forrest, GNSO Chair, which I endorse and
support. She and I both hope that the proposed approach can be a useful
path forward in assisting the group to ascertain and develop consensus (if
any) on the six options under consideration relating to the handling of IGO
jurisdictional immunity issues where a registrant who has lost a UDRP or
URS proceeding against an IGO proceeds to file a court claim against that
IGO.



You will find details of the recommended approach in the attached Straw Man
Paper (prepared by ICANN staff at Heather’s request) and accompanying
Annex. I will be very grateful if everyone can take a moment to provide
feedback as to whether you support the suggested approach or not, since
this will allow us all to see if the approach may be workable.



As the Working Group has a session coming up next week at ICANN61 (on
Wednesday 14 March from 1700-1830 Puerto Rico time), the recommended
approach also includes a suggestion for how to organize that session. In
brief, the recommendation is:



·       Instead of a regular Working Group meeting or open community
session, as has been the Working Group’s practice in recent ICANN meetings,
the ICANN61 session will be run as a form of “open office hours”, where any
and all Working Group members are invited to discuss their views and
questions on the topic of IGO jurisdictional immunity with me, including
(and especially) the six options.

·       ICANN policy staff will be on hand, to provide background
information and process advice, and to assist me with taking accurate notes
of the session.

·       The session will not be recorded, to encourage frank sharing of
views (note: this is the model that was adopted for a different group
relatively recently to try to break an impasse in that group).

·       Since not everyone will be able to attend the ICANN61 open office
hours and, more importantly, because some Working Group members may prefer
to provide their views in private, I will (with ICANN staff assistance)
hold additional 1:1 or small group conversations (as you may prefer) after
ICANN61 – this will most likely be done through Adobe Connect and/or a
conference phone bridge.

·       Following these office hour sessions, I will (with ICANN staff
assistance) prepare a report for the Working Group on the discussions that
took place. That report should form the basis for an initial designation of
consensus levels for each of the six options by Phil and Petter.

·       While a non-anonymous poll may be useful at some later stage in
this iterative process of finding consensus (consistent with the
requirements in the GNSO Working Group Guidelines), it is not necessary at
this present time.



Thank you – and on behalf of Heather, thank you also for taking the time to
provide me with any and all feedback you may have in light of the
procedural path forward noted in this message.


Susan Kawaguchi

Councilor for the Business Constituency
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