[gnso-igo-wt] FOR REVIEW & DISCUSSION: UPDATED Draft Initial Report (EPDP on Specific Curative Rights Protections for IGOs)

Mary Wong mary.wong at icann.org
Thu Aug 26 18:05:45 UTC 2021

Dear all,

At Chris’ request, and to facilitate your review of the Draft Initial Report from this EPDP team, staff has prepared an updated version that incorporates the substantive proposed revisions that Brian had sent to this mailing list on Monday and which also reflects the GNSO Council’s initiation of the EPDP and the outcomes of this group’s Monday call. Please see the first attachment, showing these updates in “redline” format. You should see Brian’s proposed edits and the subsequent staff updates in two different colors, with the staff updates under my name.

To further assist with your review of the actual text of the preliminary recommendations as they currently stand, we have extracted the language (including the square-bracketed options under consideration) for Recommendation #1 and Recommendation #2A, #2B and #2C – please see the “clean” text in the second, separate attachment.

Please also note the following as you review this latest draft report:

  1.  The substantive text of the preliminary recommendations (Section 2.1) is essentially identical to the language that we sent to you following the Monday call; you will see that we have retained a few staff action items in the document, since, from the staff perspective, we think it will be easier to figure out how to best clarify the options and portray the “fork” in the arbitration path when we’re in a position to offer a clean version of the language in question. In addition, the IGOs have also provided a proposed flow chart that you can see in the redlined report.
  2.  The draft report includes the new definition of IGO Complainant (as discussed on Monday’s call); as such, staff has removed all prior references to a lack of agreement amongst the EPDP team on the scope of the definition.
  3.  You should only need to closely review Sections 1, 2 and 3. There is some redlined text in Section 4.1, which follows from alternative text in the previous sections about how to describe immunity and court review, so we can easily update that paragraph after there’s agreement on what the text should actually say.

Thank you. We look forward to working with you to finalize the Draft Initial Report in time to meet our agreed deadline to publish it for Public Comment in early September.

Steve, Berry & Mary

From: Mary Wong <mary.wong at icann.org>
Date: Monday, August 23, 2021 at 7:53 PM
To: Chris Disspain <chris at disspain.uk>, "gnso-igo-wt at icann.org" <gnso-igo-wt at icann.org>
Subject: Following up on today's meeting (EPDP - Specific Curative Rights Protections IGOs for 23 Aug 2021 15:00 UTC Meeting)

Hello everyone,

As Chris indicated in his note (below), please find attached the mark-up of the Draft Initial Report that Brian sent to this list, which staff has updated as follows. We have incorporated: (1) the updated definition of “IGO Complainant”; and (2) the language that Brian, Alexandra and David had proposed to this list (with a small update to address Paul’s concern as noted via email) regarding the outcome of court proceedings where an IGO has not waived immunity and the result is that the court declines to assume jurisdiction.

Both additions can be reviewed in Section 2 of the attached document (starting on Page 8). Staff has made notations in the document about other updates and action items that we will work on this week as well; you can clearly see the staff notes as comments under my name.

We apologize in advance if the redline is difficult to read; however, maintaining this format shows more clearly all the suggested edits from Brian and the IGO representatives. As mentioned, we will be grateful if you can send your concerns and issues for discussion to this list rather than mark up the redline; if helpful, you may wish to mention the relevant section and/or page number along with your comments.

Thank you.

Best regards,
Steve, Berry & Mary

From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> on behalf of Chris Disspain via gnso-igo-wt <gnso-igo-wt at icann.org>
Reply-To: Chris Disspain <chris at disspain.uk>
Date: Monday, August 23, 2021 at 12:40 PM
To: "gnso-igo-wt at icann.org" <gnso-igo-wt at icann.org>
Subject: Re: [gnso-igo-wt] Agenda EPDP - Specific Curative Rights Protections IGOs for 23 Aug 2021 15:00 UTC Meeting

Hello All,

Thank you for a very productive call today. Mary, Steve and Berry will send the 'next draft' of the document out soon. It will be the red line submitted by Brian et al with some additional red lines discussed today and explanatory notes where text is still being worked on by staff (the 2c recommendation for example).

Please take the time to consider the original text, the ‘Brian et al' suggested amendments and the additional staff redlines and provide comments, agreements or disagreements on the list. Also, please raise any other points so we can address them as well.


chris at disspain.uk<mailto:chris at disspain.uk>

+44 7880 642456


On 20 Aug 2021, at 22:33, Berry Cobb via gnso-igo-wt <gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>> wrote:

Dear EPDP - Specific Curative Rights Protections IGOs,

Please see below the proposed agenda for the meeting scheduled on 23 Aug 2021 15:00 UTC.

  *   Roll Call & SOI Updates (2 minutes)
  *   Welcome & Chair updates (Chair) (10 minutes)

     *   GNSO Council procedural decision [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/council/resolutions/2020-current*20210819-2__;Iw!!PtGJab4!tWQbOrM9QmEVWfhoLK6s-9_KNkDTvCTRfV9C2aq-YB-4rX7W0m7_ZmBGZR4YWgTZrYPkN-E$> to maintain Work Track progress via Expedited Policy Development Process on Specific Curative Rights Protections for Intergovernmental Organizations

  *   Continue Discussion of Working Proposals & Preliminary Conclusions (75 minutes)

     *   Group discussion & confirmation of proposed text on IGO privileges and immunities submitted by Brian, Alexandra & David (see https://mm.icann.org/pipermail/gnso-igo-wt/2021-August/000199.html)
     *   Staff overview & group discussion of Draft Initial Report (see Executive Summary (pp. 2-6); Preliminary Recommendations (pp. 7-11); Proposed Impact Analysis (pp. 11-12): https://mm.icann.org/pipermail/gnso-igo-wt/2021-August/000194.html)

  *   Next steps & closing (3 minutes)

     *   Next meeting 30 August 2021 @ 15:00 UTC


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