[Gnso-newgtld-wg] Notes and Action Items - New gTLD Subsequent Procedures PDP WG - 07 October 2019

[Rubens Kuhl]

Without going to whether ALAC should be funded or not in objections and/or appeals, we should note that ALAC concerns were used in a number of cases as basis for the Independent Objector to act. But since there doesn't seem to be an Independent Appealer, funding appeals becomes more important since there is no one else to do that. 

As for ALAC-funded objections, there is already a rule in the Independent Objector guidance that the IO shouldn't object when someone already filed an objection, so there is no double booking... since this control already exists, I'm neutral whether ALAC would be directly funded or go thru the IO. Both work for me. 



Rubens



> On 22 Oct 2019, at 06:26, Justine Chew <justine.chew at gmail.com> wrote:
> 
> Aha?
> 
> The ALAC is not "just like anyone else"; it is one of several specific Advisory Committees provided for in ICANN's Bylaws and one of 2 Advisory Committees which were funded to file objections in the last round. This funding to file objections is expected to continue in Subsequent Procedures and the ALAC submits that it ought to include reasonable funding to finance appeals as a matter of due process. 
>  
> Justine
> -----
> 
> 
> On Tue, 22 Oct 2019 at 16:32, Volker Greimann <vgreimann at key-systems.net <mailto:vgreimann at key-systems.net>> wrote:
> Aha.
> 
> Many organizations that might conceivably want or feel entitled to launch an objection are underfunded. Should ICANN therefore fund any organization without money  "commensurate with the number of applications received"? 
> 
> Unless ALAC is granted a special objector role, funding should not be contemplated. ALAC can voice the concerns of the internet users without raising a formal objection. Or it could raise the money required from its constituents or others that share its concerns. Just like anyone else. 
> 
> Am 22.10.2019 um 07:53 schrieb Justine Chew:
>> I now wish to relay the ALAC's response on the matter of its ability to file both Limited Public Interest Objections and Community Objections in Subsequent Procedures, as well as appeals against any DRSP decisions dismissing the ALAC's filed Objections. The response is as follows:
>> 
>> The ALAC has no funding ability beyond that supplied by ICANN. It is not feasible for the ALAC to raise funds to finance an appeal (or objection) or to bear costs under a “loser pays” model if its appeal is unsuccessful.
>> 
>> Any withholding of ICANN funding for the ALAC to file objections and/or appeals would be tantamount to denying ALAC the ability to fulfill its duty under the Bylaws as the primary organisational constituency for the voice and concerns of the individual Internet user.  
>> 
>> As to any contemplated limits to the number of appeals or quantum of ICANN funding to ALAC in light of ICANN budgetary constraints, the ALAC believes that its ICANN funding must be commensurate with number of applications received.
>> 
>> The question of standing for the ALAC to file an objection and appeal is beyond the scope of the Subsequent Procedures PDP WG. It is a question for the ALAC to consider and the Dispute Resolution Service Provider and Appeals Arbiter to determine in respect of an objection and appeal, respectively.
> -- 
> Volker A. Greimann
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