[Gnso-igo-ingo-crp] CONSENSUS CALL on the WG's Recommendations and Remaining Options
David W. Maher
dmaher at pir.org
Sat May 26 19:53:24 UTC 2018
I support the four recommendations. My support of recommendation 4 is reluctant; in principle I am not in favor of special treatment for any participant in a UDRP or URS proceeding. In this case, referral of the question to the IC ANN Board is an acceptable compromise that fulfills one of the group’s obligations under our charter.
I support Option 1. I understand staff’s concern “that resolving a procedural question (immunity from jurisdiction) can automatically reverse a substantive panel finding, where the court has not had (and will not have) the opportunity to hear the case on its merits.” This problem will only arise if an IGO takes advantage of a UDRP or URS proceeding and then hides behind immunity. It appears from this group’s discussions that IGOs have had few or no problems in supporting their names and acronyms in court and administrative proceedings. For future proceedings, I believe it is justifiable to bar IGOs from invoking an intrinsically unfair legal maneuver.
I do not support Options 2 and 3. I do not believe that the deliberations of this group have shown any need for a new procedure.
I do not support Option 4. I initially supported this option, but, on reflection, I believe our report and recommendations (assuming that Options 2-6 are not supported) fulfill our obligations under our charter, and there is no need for a referral to another WG.
I do not support Option 5. I have seen no evidence to support the need for a procedural rule that would have limited applicability in courts around the world.
I do not support Option 6. Adding mediation to the UDRP procedures should be a question for the RPM WG. The second sentence of this option appears to duplicate Option 1.
David W. Maher
Public Interest Registry
Senior Vice-President – Law & Policy
+1 312 375 4849
From: Gnso-igo-ingo-crp <gnso-igo-ingo-crp-bounces at icann.org> On Behalf Of Steve Chan
Sent: Friday, May 25, 2018 5:16 PM
To: gnso-igo-ingo-crp at icann.org
Subject: [Gnso-igo-ingo-crp] CONSENSUS CALL on the WG's Recommendations and Remaining Options
Dear WG Members,
Attached, please find the compilation of the Working Group’s recommendations and six (6) options related to Recommendation 5. This message is intended to kick of the consensus call process for the WG’s recommendations and remaining options under Recommendation 5. For those WG members who wish to participate in the consensus call, we ask that you respond on the email list to note your support or non-support for all recommendations (i.e., recommendations 1-4) AND the six (6) remaining options under recommendation 5. Please provide your response on or before Friday, 8 June.
Subsequently, the WG Chair will consider response to the consensus call and seek to designate final consensus levels on the recommendations and options, which will be published to the WG’s email list for WG consideration. WG members will then have the opportunity to object to the designations and the WG may choose to conduct another call on Thursday, 14 June to discuss; WG members will also have the opportunity to file minority statements if applicable, which will be incorporated into a Final Report for the Council by 17 June.
Note, based on the discussion on the WG’s call held on Friday, 25 May, a handful of changes were made to the attached recommendations/options document, highlighted in yellow (e.g., Recommendation 2, Recommendation 4, Option 4). In addition, footnotes were added, linking to the original rationale and suggestions made by Zak Muscovitch (Option 4), George Kirikos (Option 5) and Paul Tattersfield (Option 6). The same was not done for the first three options as those had been discussed extensively before the additional three options were added and are included unchanged from the text presented in the October 2017 poll.
If you have any questions, please let us know.
Steve & Mary
Policy Director, GNSO Support
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Los Angeles, CA 90094-2536
steve.chan at icann.org<mailto:steve.chan at icann.org>
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