[IOT] Possible work remaining for IOT

Tue Jul 20 18:02:46 UTC 2021

As for other issues, I had posted an email re IRP Fees last Sept.  Now the
fee is $6,750 merely to initiate an IRP at the ICDR.  I think that is an
administrative fee that the Bylaws require ICANN to pay.  But ICANN denies
that, and forces claimants to pay it.  I think it should cost far less to
file a challenge to an ICANN decision.  Note that it costs just $400 to
file a lawsuit in U.S. federal court.

Also, we should discuss when an RFR is 'summarily dismissed' by the BAMC,
which has only happened very rarely in the past.  But it appears very
unclear how or when such a dismissal can or must be challenged.  And so
that is another scenario that needs review by this group, imho.

Thanks,
Mike

[image: Logo]

Mike Rodenbaugh

address:

548 Market Street, Box 55819

San Francisco, CA 94104

email:

mike at rodenbaugh.com

phone:

+1 (415) 738-8087

On Tue, Jul 20, 2021 at 9:51 AM Susan Payne via IOT <iot at icann.org> wrote:

> Hi David
>
> Thank you for your thoughtful email.  I will respond in writing as a
> follow up, but hope we will be able to also consider these suggestions on
> the upcoming call.
>
>
>
> For convenience, hopefully, I have made a very light-touch update to the
> short slide deck we have been using to frame the discussion on tolling – to
> correct a few areas of ambiguity that came up on the last call, as
> promised.  These are noted in red.
>
> The updated version is attached and we can review this on the call.
>
>
>
> Speak to those who are able to make it shortly.
>
>
>
> Susan
>
>
>
> Susan Payne
> Head of Legal Policy
> Com Laude
> *T* +44 (0) 20 7421 8250
> *Ext* 255
> <https://comlaude.com/>
>
> *From:* IOT <iot-bounces at icann.org> *On Behalf Of *McAuley, David via IOT
> *Sent:* 20 July 2021 12:20
> *To:* iot at icann.org
> *Subject:* [IOT] Possible work remaining for IOT
>
>
>
> Dear IOT colleagues,
>
>
>
> Susan asked us to note any work items that we think remain to be done. In
> my personal opinion, these are possible tasks remaining beyond those
> mentioned by Susan on the last call:
>
>
>
>    - To develop a recall process relating to members of the standing
>    panel – see Bylaw 4.3(j)(iii);
>
>
>
>    - To consider the development of additional independence requirements
>    for members of the standing panel, including term limits and
>    restrictions on post-term appointment to other ICANN positions – see
>    Bylaw 4.3(q)(i)(B) on conflicts of interests of members of the standing
>    panel;
>
>
>
>    - Do we want to establish ‘limitations’ on appeals? – see Bylaw 4.3(w)
>    which states:
>
>
>
>    - *Subject to any limitations established through the Rules of
>       Procedure, an IRP Panel decision may be appealed to the full Standing Panel
>       sitting en banc within sixty (60) days of issuance of such decision.*
>
>
>
> o   One possible limitation which I think we may want to consider is
> whether non-binding IRPs (see Bylaw 4.3(x)(iv)) should be appealable.
>
>
>
> o   Additionally, in this respect, is it within our remit to consider
> whether non-binding IRPs should constitute precedent?
>
>
>
>    - Is there ambiguity regarding a standing panel’s ability to
>    ‘adjudicate’ a stay of ICANN action or just to ‘recommend’ a stay? See
>    Bylaws 4.3(o) and 4.3(p). If there is ambiguity, is there anything within
>    our remit to help clarify?
>
>
>
>    - Finally, with respect to the Rule 4 (Time for Filing) issue that we
>    are currently discussing,  should we clarify that the rule we eventually
>    develop is either an affirmative defense that ICANN can raise, or not, as
>    it sees fit or, alternatively, a firm matter of standing that the panel
>    should invoke on its own without exemption, subject only to the savings
>    language that Sam and Liz are working on?
>
> Best regards,
>
> David
>
>
>
> David McAuley
>
> Sr International Policy & Business Development Manager
>
> Verisign Inc.
>
> 703-948-4154
>
>
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