[Gnso-newgtld-wg] Resolving Objection Proceedings with Mandatory PICs

[Carlton Samuels]

This one is from the 'deja vu all over again' file.

When I was a member of the ALAC and following the PIC matter - I said then
that as configured, they were not worth a bucket of warm spit - a few of us
thought third party rights for enforcement would rehabilitate them somewhat
to near useful.

That was never to be.

-Carlton

==============================
*Carlton A Samuels*

*Mobile: 876-818-1799Strategy, Process, Governance, Assessment & Turnaround*
=============================


On Thu, Sep 26, 2019 at 5:13 PM Aikman-Scalese, Anne <AAikman at lrrc.com>
wrote:

> Regarding the last call and the possible high level agreement on resolving
> Objection proceedings with mandatory PICs, it’s important to note that
> there is no private right of action to enforce a PIC.  The current PIC
> Dispute Resolution procedure – PICDRP (see attached) provides for various
> steps to be taken in resolving the PIC complaint and if unresolved, ICANN
>  at its SOLE discrestion, can invoke a a Staning Panel or undertake a
> compliance investigation.
>
>
>
> So the points I am raising here are:
>
>
>
> (1) Proceeding on the report of a PIC violation rests in the sole
> discretion of ICANN
>
> (2) The expense of the Compliance investigation and/or Standing Panel is
> an expense of ICANN.
>
>
>
> Accordingly, it may be appropriate to consider adopting a private right of
> action (rather than forcing the expense on ICANN) in connection with the
> enforcement of mandatory PICs adopted for purposes of resolving an
> Objection proceeding.
>
>
>
> In fact, the PICDRP originally contained a provision allowing the
> enforcement issue to be taken to a third party provider.  However, that
> draft did not survive.
>
>
>
> Anne
>
>
>
>
>
> *Anne E. Aikman-Scalese*
>
> Of Counsel
>
> 520.629.4428 office
>
> 520.879.4725 fax
>
> AAikman at lrrc.com
>
> _____________________________
>
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>
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>
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