[gnso-igo-wt] FOR REVIEW: Updated Draft Initial Report (Re: FOR DISCUSSION: Updated draft preliminary recommendations and options)

Mon Sep 13 16:37:17 UTC 2021

Dear Mary, all,

As mentioned during the call, I’ve only reviewed the track changes in the full Initial Report document and have the following issue at the bottom of page 14.  It currently reads :

“Some EPDP team members believe that preserving the option for a registrant to go to arbitration following an unsuccessful attempt to invoke judicial consideration of its case represents a “second bite at the apple”, while other members thought that retaining the registrant’s ability to choose to go to court as an initial option was important to ensure fairness as well as compliance with the GNSO Council’s instructions.”

This is quite leading language it makes it sounds that only the second option is fair, preserves the registrant’s right to go to court and is in line with GNSO instructions.  I would propose rather:

Some EPDP team members believe that preserving the option for a registrant to go to arbitration following an unsuccessful attempt to invoke judicial consideration of its case represents an unfair, inefficient and costly “second bite at the apple” [see above chart], while other members thought that retaining the registrant’s ability to choose to go to arbitration following an unsuccessful attempt to invoke judicial consideration of its case was important to ensure fairness and to have a determination on the merits of the case. […]

Thank you,
Alex

From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org> On Behalf Of BECKHAM Brian via gnso-igo-wt
Sent: 13 September, 2021 4:46 PM
To: gnso-igo-wt at icann.org
Subject: Re: [gnso-igo-wt] FOR REVIEW: Updated Draft Initial Report (Re: FOR DISCUSSION: Updated draft preliminary recommendations and options)

Hi Mary – a few super minor textual catches:

At 1.1 – two “the” and two periods.

At 1.2.2 – extra space between “from” and “judicial”.

Speak soon on the rest!

Brian

From: gnso-igo-wt <gnso-igo-wt-bounces at icann.org<mailto:gnso-igo-wt-bounces at icann.org>> On Behalf Of Mary Wong via gnso-igo-wt
Sent: Saturday, September 11, 2021 1:06 AM
To: gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>
Subject: [gnso-igo-wt] FOR REVIEW: Updated Draft Initial Report (Re: FOR DISCUSSION: Updated draft preliminary recommendations and options)

Hello again everyone,

Following up on the below, please find attached a redlined and clean copy of the latest version of the draft Initial Report. For ease of review, we’ve accepted most of the previous redlined comments (including from Brian’s markup of a few weeks ago) and highlighted new text where these came out of action items from the past two weeks of discussions. You’ll see also that we’ve not yet included the actual text of the draft recommendations in Section 2, as we understand that the main priority – especially on the call this coming Monday – is to finalize the recommendations text (including options for Public Comment.)  Staff will therefore incorporate/paste the final text of the preliminary recommendations and options after Monday’s call into a finalized Initial Report that we can post for Public Comment.

As such, for Monday’s call, we anticipate focusing initially on the draft recommendations text (as sent out yesterday, below).

Thanks and cheers
Steve, Berry & Mary

From: Mary Wong <mary.wong at icann.org<mailto:mary.wong at icann.org>>
Date: Thursday, September 9, 2021 at 3:46 PM
To: "gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>" <gnso-igo-wt at icann.org<mailto:gnso-igo-wt at icann.org>>
Subject: FOR DISCUSSION: Updated draft preliminary recommendations and options

Dear all,

Please find attached a clean, updated version of the draft preliminary recommendations that this group is attempting to finalize for Public Comment next week, as well as the URS process flow chart that was displayed during Tuesday’s call. We hope the revised text captures the agreements and feedback from this past Tuesday’s call. As previously, to avoid “competing” texts, please do not send a redline/markup of the document; instead, please feel free to post comments and questions to this list ahead of Monday’s call.

As you review the updated text, staff hopes that the following notes are helpful:

  *   We have combined the Mutual Jurisdiction exemption for the UDRP and URS into a single recommendation (which is now Recommendation #3).
  *   We have attempted to highlight the options under consideration even more by labeling them Option 1 and Option 2 (for the UDRP and URS, in what is now Recommendation #4 & #5, respectively.) We have also used yellow highlights in these square-bracketed options to indicate the differences between the two options in question.
  *   All other changes, updates and additions have been indicated via Comments balloons.
  *   We have clarified that the question regarding applicable law is not an option to mutual agreement but a possible additional step (in what is now Recommendation #6.)

For the URS process flow chart, we plan on making any necessary updates once the EPDP team has agreed on the text of the recommendations, prior to insertion into the Initial Report.

Staff is currently updating the draft Initial Report to reflect the latest changes and agreements. We will do our best to circulate an updated version as soon as feasible, prior to Monday’s call.

Thanks and cheers
Steve, Berry & Mary

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