From susan.payne at comlaude.com Fri Sep 3 18:03:56 2021 From: susan.payne at comlaude.com (Susan Payne) Date: Fri, 3 Sep 2021 18:03:56 +0000 Subject: [IOT] Timing of next IRP-IOT calls Message-ID: Hi IOT members As I mentioned on this week?s call I am not available on 14 September, which is when our next call would have been. I am keen not to lose momentum when we are expecting proposed language from Sam and Liz on the safety valve. Rather than a gap of 4 weeks therefore I am proposing that we meet on 21 September at 1700UTC and then again for our regular call the following week, 28 September, unless there are strong objections or too many of you would be unable to make a call on 21st. Could you please give feedback by next Tuesday if this will be a problem, absent which we will go ahead and schedule. Many thanks Susan Get Outlook for iOS ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com -------------- next part -------------- An HTML attachment was scrubbed... URL: From turcotte.bernard at gmail.com Mon Sep 20 17:52:46 2021 From: turcotte.bernard at gmail.com (Bernard Turcotte) Date: Mon, 20 Sep 2021 13:52:46 -0400 Subject: [IOT] IOT - Agenda for meeting 21 September 17:00 UTC Message-ID: All, Apologies for the delay in sending this. Please find below the agenda as well as Samantha's Eisner's presentation on timelines from our last meeting. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne Chair IOT =============== *IRP-IOT Meeting #76* *21 September 2021 @ 17:00 UTC* *Agenda* 1. Review agenda and updates to SOIs 2. Action items from the last meeting: a. SE to produce draft language for repose including a safety valve as discussed. 3. Matters outstanding and next steps on IRP Rules. 4. Recap on discussion with ICANN Ombuds. 5. Continuing discussion with ICANN Legal wrt times for non-irp accountability mechanisms. 6. Next meeting ? September 28, 2021, 19:00 UTC -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: IRP Presentation-20210831.pdf Type: application/pdf Size: 125868 bytes Desc: not available URL: From krosette at gmail.com Tue Sep 21 13:17:33 2021 From: krosette at gmail.com (Kristina Rosette) Date: Tue, 21 Sep 2021 09:17:33 -0400 Subject: [IOT] =?utf-8?q?Apologies_for_today=E2=80=99s_call?= Message-ID: All, Unfortunately, I will miss today?s call because of a conflicting obligation. I?ll listen to the recording when it?s available. Kristina -------------- next part -------------- An HTML attachment was scrubbed... URL: From susan.payne at comlaude.com Tue Sep 21 13:48:26 2021 From: susan.payne at comlaude.com (Susan Payne) Date: Tue, 21 Sep 2021 13:48:26 +0000 Subject: [IOT] =?utf-8?q?Apologies_for_today=E2=80=99s_call?= In-Reply-To: References: Message-ID: Many thanks for the heads-up Kristina Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image001.png at 01D7AEF7.BB752250] From: IOT On Behalf Of Kristina Rosette via IOT Sent: 21 September 2021 14:18 To: iot at icann.org Subject: [IOT] Apologies for today?s call All, Unfortunately, I will miss today?s call because of a conflicting obligation. I?ll listen to the recording when it?s available. Kristina ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 6942 bytes Desc: image001.png URL: From elizabeth.le at icann.org Tue Sep 21 14:28:10 2021 From: elizabeth.le at icann.org (Liz Le) Date: Tue, 21 Sep 2021 14:28:10 +0000 Subject: [IOT] Proposed Revisions to Rule 4 Message-ID: <0BC02BC3-983C-4F7C-99CB-5A9A4398DBDD@icann.org> Dear IOT members, In follow up to ICANN org?s pending action item to draft proposed revisions to Rule 4: Time for Filing to provide a proposed ?release valve? for late filings, we are presenting the attached draft for the IOT?s consideration. As anticipated, this draft retains the 120 days deadline and notes that the current 12 month outer deadline for filing is under discussion. In addition, the proposed revisions also provide the criteria under which a party may file a statement of a dispute after the deadline to file has expire, including allowances for when the claimant could not have been aware earlier, or in situations where extraordinary circumstances beyond the control of the claimant kept it from filing in a timely manner. The proposed revision also includes an external limit of four years from the date of action for all filings. ICANN org proposes this, as experience has documented that outcomes of IRPs could impact contracts, and there is a four year statute of limitations on breach of contract claims within California. Limiting the ability to file an IRP within that window still provides more time for being able to hold ICANN accountable, even in extraordinary circumstances, while balancing against statutory limitations that could be impacted. We are also attaching a redline comparison of the proposed revisions to the current Rule 4. We look forward to discussing this on today?s call. Best regards, Liz ---- Elizabeth D. Le Associate General Counsel | ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 elizabeth.le at icann.org -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Proposed-Revisions-to-Rule-4-Time-for-Filing (21 Sep 2021).docx Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document Size: 18638 bytes Desc: Proposed-Revisions-to-Rule-4-Time-for-Filing (21 Sep 2021).docx URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Redline-Current-Rule 4-vs-Proposed-Revisions.docx Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document Size: 19901 bytes Desc: Redline-Current-Rule 4-vs-Proposed-Revisions.docx URL: From susan.payne at comlaude.com Tue Sep 21 16:11:57 2021 From: susan.payne at comlaude.com (Susan Payne) Date: Tue, 21 Sep 2021 16:11:57 +0000 Subject: [IOT] Proposed Revisions to Rule 4 In-Reply-To: <0BC02BC3-983C-4F7C-99CB-5A9A4398DBDD@icann.org> References: <0BC02BC3-983C-4F7C-99CB-5A9A4398DBDD@icann.org> Message-ID: Thanks Liz. Given that not all members may have had the opportunity to review this wording by the time of our call, I think we should postpone substantive discussion to next week?s call ? and of course on the email list. It would be helpful if you are able to introduce this language and talk us thorough it under agenda item 2, however. Many thanks Susan Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image001.png at 01D7AF0B.C7689560] From: IOT On Behalf Of Liz Le via IOT Sent: 21 September 2021 15:28 To: iot at icann.org Subject: [IOT] Proposed Revisions to Rule 4 Dear IOT members, In follow up to ICANN org?s pending action item to draft proposed revisions to Rule 4: Time for Filing to provide a proposed ?release valve? for late filings, we are presenting the attached draft for the IOT?s consideration. As anticipated, this draft retains the 120 days deadline and notes that the current 12 month outer deadline for filing is under discussion. In addition, the proposed revisions also provide the criteria under which a party may file a statement of a dispute after the deadline to file has expire, including allowances for when the claimant could not have been aware earlier, or in situations where extraordinary circumstances beyond the control of the claimant kept it from filing in a timely manner. The proposed revision also includes an external limit of four years from the date of action for all filings. ICANN org proposes this, as experience has documented that outcomes of IRPs could impact contracts, and there is a four year statute of limitations on breach of contract claims within California. Limiting the ability to file an IRP within that window still provides more time for being able to hold ICANN accountable, even in extraordinary circumstances, while balancing against statutory limitations that could be impacted. We are also attaching a redline comparison of the proposed revisions to the current Rule 4. We look forward to discussing this on today?s call. Best regards, Liz ---- Elizabeth D. Le Associate General Counsel | ICANN 12025 Waterfront Drive, Suite 300 Los Angeles, CA 90094 elizabeth.le at icann.org ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 6936 bytes Desc: image001.png URL: From mike at rodenbaugh.com Tue Sep 21 17:43:41 2021 From: mike at rodenbaugh.com (Mike Rodenbaugh) Date: Tue, 21 Sep 2021 10:43:41 -0700 Subject: [IOT] IOT - -Agenda for IRP-IOT Meeting #75 31 August 2021 @ 19:00UTC In-Reply-To: References: Message-ID: Thanks Susan for this helpful list. Re item 3, we should not only look at the IRP administrative fee charged by ICDR, but also other administrative costs such as copying and shipping of documents to panelists. In my view, that is a cost of administering the IRP that ICANN is bound to pay and ICDR is in best position to implement. It should not be a cost forced on claimants, which can easily exceed $1000 in a case. I think there was a discussion already on translation costs which may be pertinent. Best, 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, Aug 31, 2021 at 10:43 AM Susan Payne via IOT wrote: > All, with respect to agenda item 6, please see attached my attempt to pull > together the various work items identified as outstanding, both on the IRP > rules themselves and other tasks assigned to this group. > > > > I will introduce this on today?s call and then I hope you will all review > and propose any edits or additions. Time permitting we will also begin to > discuss how best we can progress this work. > > > > Susan > > > > Susan Payne > Head of Legal Policy > Com Laude > *T* +44 (0) 20 7421 8250 > *Ext* 255 > > > *From:* IOT *On Behalf Of *Bernard Turcotte via > IOT > *Sent:* 30 August 2021 18:51 > *To:* iot at icann.org > *Subject:* [IOT] IOT - -Agenda for IRP-IOT Meeting #75 31 August 2021 @ > 19:00 UTC > > > > *IRP-IOT Meeting #75* > > *31 August 2021 @ 19:00 UTC* > > *Agenda* > > > > 1. Review agenda and updates to SOIs > > 2. Action items from the last meeting: > > a. SE to produce draft language for repose including a safety valve > as discussed. > > b. SE to look at maximum times for non-irp accountability mechanism. > > 3. > > 4. Discussion with ICANN Ombuds. > > 5. Discussion with ICANN Legal wrt times for non-irp accountability > mechanisms. > > 6. Matters outstanding and next steps on IRP Rules (list to follow). > > 7. Next meeting ? September 14, 2021, 17:00 UTC > > > > Bernard Turcotte > > ICANN support to the IOT > > > > For > > > > Susan Payne > > Chair IOT > ------------------------------ > The contents of this email and any attachments are confidential to the > intended recipient. They may not be disclosed, used by or copied in any way > by anyone other than the intended recipient. If you have received this > message in error, please return it to the sender (deleting the body of the > email and attachments in your reply) and immediately and permanently delete > it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does > not accept any responsibility for viruses and it is your responsibility to > scan or otherwise check this email and any attachments. The Com Laude Group > does not accept liability for statements which are clearly the sender's own > and not made on behalf of the group or one of its member entities. The Com > Laude Group is a limited company registered in England and Wales with > company number 10689074 and registered office at 28-30 Little Russell > Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ > Limited t/a Com Laude, a company registered in England and Wales with > company number 5047655 and registered office at 28-30 Little Russell > Street, London, WC1A 2HN England; Valideus Limited, a company registered in > England and Wales with company number 6181291 and registered office at > 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a > company registered in Scotland with company number SC197176 and registered > office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; > Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation > incorporated in the State of Washington and principal office address at > Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com > Laude (Japan) Corporation, a company registered in Japan with company > number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, > Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered > in Spain and registered office address at Calle Barcas 2, 2, Valencia, > 46002, Spain. For further information see www.comlaude.com > > _______________________________________________ > IOT mailing list > IOT at icann.org > https://mm.icann.org/mailman/listinfo/iot > > _______________________________________________ > By submitting your personal data, you consent to the processing of your > personal data for purposes of subscribing to this mailing list accordance > with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and > the website Terms of Service (https://www.icann.org/privacy/tos). You can > visit the Mailman link above to change your membership status or > configuration, including unsubscribing, setting digest-style delivery or > disabling delivery altogether (e.g., for a vacation), and so on. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 6936 bytes Desc: not available URL: From kavouss.arasteh at gmail.com Tue Sep 21 18:15:57 2021 From: kavouss.arasteh at gmail.com (Kavouss Arasteh) Date: Tue, 21 Sep 2021 20:15:57 +0200 Subject: [IOT] =?utf-8?q?Apologies_for_today=E2=80=99s_call?= In-Reply-To: References: Message-ID: Unfortunately, I will also miss today?s call because of a conflicting obligation. I?ll listen to the recording when it?s available. Regards Kavouss On Tue, Sep 21, 2021 at 3:48 PM Susan Payne via IOT wrote: > Many thanks for the heads-up Kristina > > > > Susan Payne > Head of Legal Policy > Com Laude > *T* +44 (0) 20 7421 8250 > *Ext* 255 > > > > *From:* IOT *On Behalf Of *Kristina Rosette via > IOT > *Sent:* 21 September 2021 14:18 > *To:* iot at icann.org > *Subject:* [IOT] Apologies for today?s call > > > > All, > > > > Unfortunately, I will miss today?s call because of a conflicting > obligation. I?ll listen to the recording when it?s available. > > > > Kristina > ------------------------------ > The contents of this email and any attachments are confidential to the > intended recipient. They may not be disclosed, used by or copied in any way > by anyone other than the intended recipient. If you have received this > message in error, please return it to the sender (deleting the body of the > email and attachments in your reply) and immediately and permanently delete > it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does > not accept any responsibility for viruses and it is your responsibility to > scan or otherwise check this email and any attachments. The Com Laude Group > does not accept liability for statements which are clearly the sender's own > and not made on behalf of the group or one of its member entities. The Com > Laude Group is a limited company registered in England and Wales with > company number 10689074 and registered office at 28-30 Little Russell > Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ > Limited t/a Com Laude, a company registered in England and Wales with > company number 5047655 and registered office at 28-30 Little Russell > Street, London, WC1A 2HN England; Valideus Limited, a company registered in > England and Wales with company number 6181291 and registered office at > 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a > company registered in Scotland with company number SC197176 and registered > office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; > Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation > incorporated in the State of Washington and principal office address at > Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com > Laude (Japan) Corporation, a company registered in Japan with company > number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, > Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered > in Spain and registered office address at Calle Barcas 2, 2, Valencia, > 46002, Spain. For further information see www.comlaude.com > > _______________________________________________ > IOT mailing list > IOT at icann.org > https://mm.icann.org/mailman/listinfo/iot > > _______________________________________________ > By submitting your personal data, you consent to the processing of your > personal data for purposes of subscribing to this mailing list accordance > with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and > the website Terms of Service (https://www.icann.org/privacy/tos). You can > visit the Mailman link above to change your membership status or > configuration, including unsubscribing, setting digest-style delivery or > disabling delivery altogether (e.g., for a vacation), and so on. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 6942 bytes Desc: not available URL: From turcotte.bernard at gmail.com Wed Sep 22 17:22:07 2021 From: turcotte.bernard at gmail.com (Bernard Turcotte (via Google Drive)) Date: Wed, 22 Sep 2021 17:22:07 +0000 Subject: [IOT] Folder shared with you: "IOT-2" References: <7217ac5f-f135-4c7e-98ae-483164b8455a@docs-share.google.com> Message-ID: <000000000000ec4ba105cc98c064@google.com> I've shared an item with you: IOT-2 https://drive.google.com/drive/folders/1wGeb_0Bual2KU_gYQFrqhZZrkFCySyYt?usp=sharing&invite=COGVkugO&ts=614b663f It's not an attachment -- it's stored online. To open this item, just click the link above. Members of the IOT - this will be th folder where we will keep common documents. You are given COMMENT ONLY privileges. I will post the ICANN Legal Repose document here shortly Bernard Turcotte ICANN Support to the IOT -------------- next part -------------- An HTML attachment was scrubbed... URL: From turcotte.bernard at gmail.com Wed Sep 22 17:33:06 2021 From: turcotte.bernard at gmail.com (Bernard Turcotte) Date: Wed, 22 Sep 2021 13:33:06 -0400 Subject: [IOT] IOT - Repose document posted for comments Message-ID: All, The clean version of the ICANN Legal proposal for Repose is now posted as a google doc for comments by members: https://docs.google.com/document/d/11KwXjL8lwiKSzQGrU6hJeuHY9F4oFtMm4ZKnKic7tkQ/edit?usp=sharing Given our next meeting is scheduled for next week, September 28 19:00 UTC we would strongly encourage members to include their comments on this document prior to the meeting. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair -------------- next part -------------- An HTML attachment was scrubbed... URL: From susan.payne at comlaude.com Fri Sep 24 17:32:36 2021 From: susan.payne at comlaude.com (Susan Payne) Date: Fri, 24 Sep 2021 17:32:36 +0000 Subject: [IOT] IOT - Repose document posted for comments In-Reply-To: References: Message-ID: Hi everyone, further to our call on Tuesday and Bernard circulating the repose ?safety valve? language in a Google Doc (see below), can I encourage you all to review this and add in any comments/suggestions by COB Monday. I would like us to come back to this text on Tuesday?s call but to do so with us all having all been in a position to consider it in advance, together with any input from other members. Thanks all and have a good weekend. Susan Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image001.png at 01D7B172.8AD482D0] From: IOT On Behalf Of Bernard Turcotte via IOT Sent: 22 September 2021 18:33 To: iot at icann.org Subject: [IOT] IOT - Repose document posted for comments All, The clean version of the ICANN Legal proposal for Repose is now posted as a google doc for comments by members: https://docs.google.com/document/d/11KwXjL8lwiKSzQGrU6hJeuHY9F4oFtMm4ZKnKic7tkQ/edit?usp=sharing Given our next meeting is scheduled for next week, September 28 19:00 UTC we would strongly encourage members to include their comments on this document prior to the meeting. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 6936 bytes Desc: image001.png URL: From fpetillion at petillion.law Mon Sep 27 07:39:50 2021 From: fpetillion at petillion.law (Flip Petillion) Date: Mon, 27 Sep 2021 07:39:50 +0000 Subject: [IOT] IOT - Repose document posted for comments In-Reply-To: References: Message-ID: <0C723092-961D-463A-9B4A-5DDE6139DD75@petillion.law> Hi Susan, Please grant the editing rights for this doc. Thanks Best Flip Flip Petillion fpetillion at petillion.law +32484652653 www.petillion.law [id:image001.png at 01D3691D.DA7539C0] Attorneys ? Advocaten ? Avocats From: IOT on behalf of Susan Payne via IOT Reply to: Susan Payne Date: Friday, 24 September 2021 at 19:33 To: "iot at icann.org" Subject: Re: [IOT] IOT - Repose document posted for comments Hi everyone, further to our call on Tuesday and Bernard circulating the repose ?safety valve? language in a Google Doc (see below), can I encourage you all to review this and add in any comments/suggestions by COB Monday. I would like us to come back to this text on Tuesday?s call but to do so with us all having all been in a position to consider it in advance, together with any input from other members. Thanks all and have a good weekend. Susan Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image002.png at 01D7B383.9D5092B0] From: IOT On Behalf Of Bernard Turcotte via IOT Sent: 22 September 2021 18:33 To: iot at icann.org Subject: [IOT] IOT - Repose document posted for comments All, The clean version of the ICANN Legal proposal for Repose is now posted as a google doc for comments by members: https://docs.google.com/document/d/11KwXjL8lwiKSzQGrU6hJeuHY9F4oFtMm4ZKnKic7tkQ/edit?usp=sharing Given our next meeting is scheduled for next week, September 28 19:00 UTC we would strongly encourage members to include their comments on this document prior to the meeting. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 7395 bytes Desc: image001.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.png Type: image/png Size: 6937 bytes Desc: image002.png URL: From susan.payne at comlaude.com Mon Sep 27 09:45:13 2021 From: susan.payne at comlaude.com (Susan Payne) Date: Mon, 27 Sep 2021 09:45:13 +0000 Subject: [IOT] IOT - Repose document posted for comments In-Reply-To: <0C723092-961D-463A-9B4A-5DDE6139DD75@petillion.law> References: <0C723092-961D-463A-9B4A-5DDE6139DD75@petillion.law> Message-ID: Thanks Flip, I don't "own" the document but hopefully Bernard can change the permissions when he's online in a couple of hours. S Get Outlook for iOS ________________________________ From: Flip Petillion Sent: Monday, September 27, 2021 8:39:50 AM To: Susan Payne ; iot at icann.org Subject: Re: [IOT] IOT - Repose document posted for comments Hi Susan, Please grant the editing rights for this doc. Thanks Best Flip Flip Petillion fpetillion at petillion.law +32484652653 www.petillion.law [id:image001.png at 01D3691D.DA7539C0] Attorneys - Advocaten - Avocats From: IOT on behalf of Susan Payne via IOT Reply to: Susan Payne Date: Friday, 24 September 2021 at 19:33 To: "iot at icann.org" Subject: Re: [IOT] IOT - Repose document posted for comments Hi everyone, further to our call on Tuesday and Bernard circulating the repose "safety valve" language in a Google Doc (see below), can I encourage you all to review this and add in any comments/suggestions by COB Monday. I would like us to come back to this text on Tuesday's call but to do so with us all having all been in a position to consider it in advance, together with any input from other members. Thanks all and have a good weekend. Susan Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image002.png at 01D7B383.9D5092B0] From: IOT On Behalf Of Bernard Turcotte via IOT Sent: 22 September 2021 18:33 To: iot at icann.org Subject: [IOT] IOT - Repose document posted for comments All, The clean version of the ICANN Legal proposal for Repose is now posted as a google doc for comments by members: https://docs.google.com/document/d/11KwXjL8lwiKSzQGrU6hJeuHY9F4oFtMm4ZKnKic7tkQ/edit?usp=sharing Given our next meeting is scheduled for next week, September 28 19:00 UTC we would strongly encourage members to include their comments on this document prior to the meeting. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the "Com Laude Group") does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the "Com Laude Group") does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 7395 bytes Desc: image001.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.png Type: image/png Size: 6937 bytes Desc: image002.png URL: From turcotte.bernard at gmail.com Mon Sep 27 12:54:13 2021 From: turcotte.bernard at gmail.com (Bernard Turcotte) Date: Mon, 27 Sep 2021 08:54:13 -0400 Subject: [IOT] IOT - Repose document posted for comments In-Reply-To: <0C723092-961D-463A-9B4A-5DDE6139DD75@petillion.law> References: <0C723092-961D-463A-9B4A-5DDE6139DD75@petillion.law> Message-ID: Flip, You should now have commenting rights - please advise if you have any further issues. B. On Mon, Sep 27, 2021 at 3:40 AM Flip Petillion via IOT wrote: > Hi Susan, > > Please grant the editing rights for this doc. > Thanks > > Best > > Flip > > > > > > > > Flip Petillion > > fpetillion at petillion.law > > +32484652653 > > www.petillion.law > > > > [image: id:image001.png at 01D3691D.DA7539C0] > > > > Attorneys ? Advocaten ? Avocats > > > > > > *From: *IOT on behalf of Susan Payne via IOT < > iot at icann.org> > *Reply to: *Susan Payne > *Date: *Friday, 24 September 2021 at 19:33 > *To: *"iot at icann.org" > *Subject: *Re: [IOT] IOT - Repose document posted for comments > > > > Hi everyone, further to our call on Tuesday and Bernard circulating the > repose ?safety valve? language in a Google Doc (see below), can I encourage > you all to review this and add in any comments/suggestions by COB Monday. > I would like us to come back to this text on Tuesday?s call but to do so > with us all having all been in a position to consider it in advance, > together with any input from other members. > > > > Thanks all and have a good weekend. > > Susan > > > > Susan Payne > Head of Legal Policy > Com Laude > *T* +44 (0) 20 7421 8250 > *Ext* 255 > > > > *From:* IOT *On Behalf Of *Bernard Turcotte via > IOT > *Sent:* 22 September 2021 18:33 > *To:* iot at icann.org > *Subject:* [IOT] IOT - Repose document posted for comments > > > > All, > > > > The clean version of the ICANN Legal proposal for Repose is now posted as > a google doc for comments by members: > > > > > https://docs.google.com/document/d/11KwXjL8lwiKSzQGrU6hJeuHY9F4oFtMm4ZKnKic7tkQ/edit?usp=sharing > > > > Given our next meeting is scheduled for next week, September 28 19:00 UTC > we would strongly encourage members to include their comments on this > document prior to the meeting. > > > > Thank You. > > > > Bernard Turcotte > > ICANN Support to the IOT > > > > for > > > > Susan Payne > > IOT Chair > > > > > > > ------------------------------ > > The contents of this email and any attachments are confidential to the > intended recipient. They may not be disclosed, used by or copied in any way > by anyone other than the intended recipient. If you have received this > message in error, please return it to the sender (deleting the body of the > email and attachments in your reply) and immediately and permanently delete > it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does > not accept any responsibility for viruses and it is your responsibility to > scan or otherwise check this email and any attachments. The Com Laude Group > does not accept liability for statements which are clearly the sender's own > and not made on behalf of the group or one of its member entities. The Com > Laude Group is a limited company registered in England and Wales with > company number 10689074 and registered office at 28-30 Little Russell > Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ > Limited t/a Com Laude, a company registered in England and Wales with > company number 5047655 and registered office at 28-30 Little Russell > Street, London, WC1A 2HN England; Valideus Limited, a company registered in > England and Wales with company number 6181291 and registered office at > 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a > company registered in Scotland with company number SC197176 and registered > office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; > Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation > incorporated in the State of Washington and principal office address at > Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com > Laude (Japan) Corporation, a company registered in Japan with company > number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, > Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered > in Spain and registered office address at Calle Barcas 2, 2, Valencia, > 46002, Spain. For further information see www.comlaude.com > > _______________________________________________ > IOT mailing list > IOT at icann.org > https://mm.icann.org/mailman/listinfo/iot > > _______________________________________________ > By submitting your personal data, you consent to the processing of your > personal data for purposes of subscribing to this mailing list accordance > with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and > the website Terms of Service (https://www.icann.org/privacy/tos). You can > visit the Mailman link above to change your membership status or > configuration, including unsubscribing, setting digest-style delivery or > disabling delivery altogether (e.g., for a vacation), and so on. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 7395 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.png Type: image/png Size: 6937 bytes Desc: not available URL: From fpetillion at petillion.law Mon Sep 27 12:56:34 2021 From: fpetillion at petillion.law (Flip Petillion) Date: Mon, 27 Sep 2021 12:56:34 +0000 Subject: [IOT] IOT - Repose document posted for comments In-Reply-To: References: <0C723092-961D-463A-9B4A-5DDE6139DD75@petillion.law> Message-ID: Thank you Flip Petillion fpetillion at petillion.law +32484652653 www.petillion.law [id:image001.png at 01D3691D.DA7539C0] Attorneys ? Advocaten ? Avocats From: Bernard Turcotte Date: Monday, 27 September 2021 at 14:54 To: Flip Petillion Cc: Susan Payne , "iot at icann.org" Subject: Re: [IOT] IOT - Repose document posted for comments Flip, You should now have commenting rights - please advise if you have any further issues. B. On Mon, Sep 27, 2021 at 3:40 AM Flip Petillion via IOT > wrote: Hi Susan, Please grant the editing rights for this doc. Thanks Best Flip Flip Petillion fpetillion at petillion.law +32484652653 www.petillion.law [id:image001.png at 01D3691D.DA7539C0] Attorneys ? Advocaten ? Avocats From: IOT > on behalf of Susan Payne via IOT > Reply to: Susan Payne > Date: Friday, 24 September 2021 at 19:33 To: "iot at icann.org" > Subject: Re: [IOT] IOT - Repose document posted for comments Hi everyone, further to our call on Tuesday and Bernard circulating the repose ?safety valve? language in a Google Doc (see below), can I encourage you all to review this and add in any comments/suggestions by COB Monday. I would like us to come back to this text on Tuesday?s call but to do so with us all having all been in a position to consider it in advance, together with any input from other members. Thanks all and have a good weekend. Susan Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image003.png at 01D7B3AF.DCE6F050] From: IOT > On Behalf Of Bernard Turcotte via IOT Sent: 22 September 2021 18:33 To: iot at icann.org Subject: [IOT] IOT - Repose document posted for comments All, The clean version of the ICANN Legal proposal for Repose is now posted as a google doc for comments by members: https://docs.google.com/document/d/11KwXjL8lwiKSzQGrU6hJeuHY9F4oFtMm4ZKnKic7tkQ/edit?usp=sharing Given our next meeting is scheduled for next week, September 28 19:00 UTC we would strongly encourage members to include their comments on this document prior to the meeting. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com _______________________________________________ IOT mailing list IOT at icann.org https://mm.icann.org/mailman/listinfo/iot _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 7395 bytes Desc: image001.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.png Type: image/png Size: 7396 bytes Desc: image002.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image003.png Type: image/png Size: 6938 bytes Desc: image003.png URL: From dmcauley at Verisign.com Tue Sep 28 15:21:35 2021 From: dmcauley at Verisign.com (McAuley, David) Date: Tue, 28 Sep 2021 15:21:35 +0000 Subject: [IOT] IOT - Repose document posted for comments In-Reply-To: References: Message-ID: <89437c0872964aada562fb6eb33f18a7@Verisign.com> Hello colleagues, I am not able to insert a comment into the document regarding the ?safety valve? proposal so I will mention it here. It concerns section (B)(2) of the proposed text indicating that permission to file an untimely claim may be given by a panel so long as the claimant meets certain conditions, including that the requested relief would not adversely affect any third party. In my personal opinion, there seems here to be a practical issue about how a panel might know of any such third-party impact. Therefore, I suggest that this element of the proposed language be considered by our ?Joinder? subgroup (I am not a member) to consider whether and/or when/how a third party might be able to show such impact prior to the panel ruling. Best wishes to you all, David David McAuley Sr International Policy & Business Development Manager Verisign Inc. 703-948-4154 From: IOT On Behalf Of Bernard Turcotte via IOT Sent: Wednesday, September 22, 2021 1:33 PM To: iot at icann.org Subject: [EXTERNAL] [IOT] IOT - Repose document posted for comments Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. All, The clean version of the ICANN Legal proposal for Repose is now posted as a google doc for comments by members: https://docs.google.com/document/d/11KwXjL8lwiKSzQGrU6hJeuHY9F4oFtMm4ZKnKic7tkQ/edit?usp=sharing Given our next meeting is scheduled for next week, September 28 19:00 UTC we would strongly encourage members to include their comments on this document prior to the meeting. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair -------------- next part -------------- An HTML attachment was scrubbed... URL: From turcotte.bernard at gmail.com Tue Sep 28 15:46:30 2021 From: turcotte.bernard at gmail.com (Bernard Turcotte) Date: Tue, 28 Sep 2021 11:46:30 -0400 Subject: [IOT] IOT - Agenda for Septem,ber 28 meeting at 19:00 UTC Message-ID: All, Apologies for the delay in sending this: *IRP-IOT Meeting #7**7* *28 September 2021 @ 19:00 UTC* *Agenda* 1. Review agenda and updates to SOIs 2. Action items from the last meeting: a. All to review and provide input on draft language for repose including a safety valve as discussed. b. SP to seek volunteers for small groups to deal with matters outstanding and next steps on IRP Rules. 3. Continuing discussion with ICANN Legal wrt times for non-irp accountability mechanisms. 4. Review and discuss draft language for repose including a safety valve. 5. Next meeting ? 12 October, 2021, 17:00 UTC Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair -------------- next part -------------- An HTML attachment was scrubbed... URL: From susan.payne at comlaude.com Tue Sep 28 16:05:00 2021 From: susan.payne at comlaude.com (Susan Payne) Date: Tue, 28 Sep 2021 16:05:00 +0000 Subject: [IOT] IOT - Repose document posted for comments In-Reply-To: <89437c0872964aada562fb6eb33f18a7@Verisign.com> References: <89437c0872964aada562fb6eb33f18a7@Verisign.com> Message-ID: Thanks David. I will add this comment into the Google Doc so that we have it in the one place. I?m not sure what has gone on with the permissions. Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image001.png at 01D7B48A.F79F2E90] From: IOT On Behalf Of McAuley, David via IOT Sent: 28 September 2021 16:22 To: iot at icann.org Subject: Re: [IOT] IOT - Repose document posted for comments Hello colleagues, I am not able to insert a comment into the document regarding the ?safety valve? proposal so I will mention it here. It concerns section (B)(2) of the proposed text indicating that permission to file an untimely claim may be given by a panel so long as the claimant meets certain conditions, including that the requested relief would not adversely affect any third party. In my personal opinion, there seems here to be a practical issue about how a panel might know of any such third-party impact. Therefore, I suggest that this element of the proposed language be considered by our ?Joinder? subgroup (I am not a member) to consider whether and/or when/how a third party might be able to show such impact prior to the panel ruling. Best wishes to you all, David David McAuley Sr International Policy & Business Development Manager Verisign Inc. 703-948-4154 From: IOT > On Behalf Of Bernard Turcotte via IOT Sent: Wednesday, September 22, 2021 1:33 PM To: iot at icann.org Subject: [EXTERNAL] [IOT] IOT - Repose document posted for comments Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. All, The clean version of the ICANN Legal proposal for Repose is now posted as a google doc for comments by members: https://docs.google.com/document/d/11KwXjL8lwiKSzQGrU6hJeuHY9F4oFtMm4ZKnKic7tkQ/edit?usp=sharing Given our next meeting is scheduled for next week, September 28 19:00 UTC we would strongly encourage members to include their comments on this document prior to the meeting. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. Please note that Com Laude Group Limited (the ?Com Laude Group?) does not accept any responsibility for viruses and it is your responsibility to scan or otherwise check this email and any attachments. The Com Laude Group does not accept liability for statements which are clearly the sender's own and not made on behalf of the group or one of its member entities. The Com Laude Group is a limited company registered in England and Wales with company number 10689074 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England. The Com Laude Group includes Nom-IQ Limited t/a Com Laude, a company registered in England and Wales with company number 5047655 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Valideus Limited, a company registered in England and Wales with company number 6181291 and registered office at 28-30 Little Russell Street, London, WC1A 2HN England; Demys Limited, a company registered in Scotland with company number SC197176 and registered office at 15 William Street, South West Lane, Edinburgh, EH3 7LL Scotland; Consonum, Inc. dba Com Laude USA and Valideus USA, a corporation incorporated in the State of Washington and principal office address at Suite 332, Securities Building, 1904 Third Ave, Seattle, WA 98101; Com Laude (Japan) Corporation, a company registered in Japan with company number 0100-01-190853 and registered office at 1-3-21 Shinkawa, Chuo-ku, Tokyo, 104-0033, Japan; Com Laude Domain ESP S.L.U., a company registered in Spain and registered office address at Calle Barcas 2, 2, Valencia, 46002, Spain. For further information see www.comlaude.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 6937 bytes Desc: image001.png URL: From Samantha.Eisner at icann.org Tue Sep 28 17:52:33 2021 From: Samantha.Eisner at icann.org (Sam Eisner) Date: Tue, 28 Sep 2021 17:52:33 +0000 Subject: [IOT] Tolling for IRPs Message-ID: Hi everyone ? Susan asked me if I could help distill some of the thoughts I?d been presenting on behalf of ICANN org as part of the IOT tolling conversation. Looking forward to our further conversations on this. 1. RELATIONSHIP WITH RECONSIDERATION: Stopping all clocks for IRP when there?s a potentially related Reconsideration is not supported by the Bylaws and creates the two as sequential processes, when they are two separate processes with two different standards and two different outcomes. The Reconsideration Process and IRP have co-existed together with overlapping timing since 2002, and this staying one to allow the other proceed has never been introduced before. What does Sam mean by ?sequential??: I understand we might have different views of the word ?sequentially?, so for clarity, when I use the term, I mean using the Reconsideration process and the IRP to challenge the exact same action of ICANN. That is what the current tolling conversation would create as a result. This is different from how claimants currently move from the Reconsideration process to the IRP process, which would not be impacted at all by this tolling conversation and is still possible under the Bylaws and processes as they exist. Frequently we see a party first choose to use the Reconsideration process, asking for a reconsideration of the decision because a process or policy was not followed. If the desired relief is not provided through the Reconsideration process, then the Board action on Reconsideration is then a NEW act of the Board, and the claimant often avails itself of a new timeframe for starting an accountability mechanism, and the subsequent IRP filings challenge how ICANN acted in alignment with its Bylaws/Articles in its action on Reconsideration. I do not consider this challenge of a new action as ?sequential? as I?ve been using the word. Historically, the timing overlaps of Reconsideration and IRPs have essentially precluded sequential challenge of the SAME act. For example, pre-2016, the quickest time frame in which a Request for Reconsideration could be filed and concluded was 105 days (15 days after resolution posting; 30 day BGC; 60 day Board). That could easily run past the time for filing an IRP (30 days after posting of minutes). In reality, the Reconsideration process took a LOT longer, so the time for filing IRPs challenging that action would essentially always clock out. This has never stopped claimants from challenging the ?new? action. There have been opportunities for the community to change the accountability mechanisms to consider whether there should be availability to challenge the same action in sequence, and they have not to date. That would appear to require a Bylaws change from our view. 1. Are we focusing on the right question? If the purpose of the tolling conversation is to make sure there is sufficient time to file an IRP, while still allowing for meaningful opportunity to limit the issues within an IRP, are we focusing on the right question when we?re discussing stopping the clock? How much time is needed after the conclusion of one process in order to then move into a different process, and where is the balance of efficiency of process? In the current version of the CEP, there will always be at least 15 days left after the CEP closes for a claimant to file an IRP. Even assuming we do toll for Reconsideration ? does the Reconsideration claimant need a full 120 days after the conclusion of the Reconsideration process to file its IRP, which is on a topic that the claimant is already on notice about? Could the claimant then initiate CEP on the 105th day and toll? That could be over 260 days from the action before ICANN is even put on notice that there?s an intention to file an IRP (30 days to file Reconsideration; 135 days for Reconsideration; 105 to CEP). What is the role of notice to ICANN and obligation of the claimant? 1. Do we require unique tolling provisions for multiple events, or do we already have a tolling mechanism that could address the need to preserve an IRP claim? Are there tolling considerations that couldn?t be addressed through allowing tolling in CEP? For example, if you have a pending reconsideration but you believe the same conduct might support an IRP, could you put ICANN on notice through initiation of a CEP if your IRP filing window was coming to a close and the Reconsideration was pending? Best regards, Sam -- Samantha Eisner Deputy General Counsel, ICANN 12025 Waterfront Dr., Suite 300 Los Angeles, CA 90094 -------------- next part -------------- An HTML attachment was scrubbed... URL: From fpetillion at petillion.law Tue Sep 28 18:44:53 2021 From: fpetillion at petillion.law (Flip Petillion) Date: Tue, 28 Sep 2021 18:44:53 +0000 Subject: [IOT] IOT - Repose document posted for comments In-Reply-To: References: <89437c0872964aada562fb6eb33f18a7@Verisign.com> Message-ID: <5D424F66-76F7-4122-9917-8D054C4C53C1@petillion.law> Still in another meeting. Will join you asap. Flip Petillion fpetillion at petillion.law +32484652653 www.petillion.law [id:image001.png at 01D3691D.DA7539C0] Attorneys ? Advocaten ? Avocats From: IOT on behalf of Susan Payne via IOT Reply to: Susan Payne Date: Tuesday, 28 September 2021 at 18:05 To: "McAuley, David" Cc: "iot at icann.org" Subject: Re: [IOT] IOT - Repose document posted for comments Thanks David. I will add this comment into the Google Doc so that we have it in the one place. I?m not sure what has gone on with the permissions. Susan Payne Head of Legal Policy Com Laude T +44 (0) 20 7421 8250 Ext 255 [cid:image002.png at 01D7B4A9.B01B70A0] From: IOT On Behalf Of McAuley, David via IOT Sent: 28 September 2021 16:22 To: iot at icann.org Subject: Re: [IOT] IOT - Repose document posted for comments Hello colleagues, I am not able to insert a comment into the document regarding the ?safety valve? proposal so I will mention it here. It concerns section (B)(2) of the proposed text indicating that permission to file an untimely claim may be given by a panel so long as the claimant meets certain conditions, including that the requested relief would not adversely affect any third party. In my personal opinion, there seems here to be a practical issue about how a panel might know of any such third-party impact. Therefore, I suggest that this element of the proposed language be considered by our ?Joinder? subgroup (I am not a member) to consider whether and/or when/how a third party might be able to show such impact prior to the panel ruling. Best wishes to you all, David David McAuley Sr International Policy & Business Development Manager Verisign Inc. 703-948-4154 From: IOT > On Behalf Of Bernard Turcotte via IOT Sent: Wednesday, September 22, 2021 1:33 PM To: iot at icann.org Subject: [EXTERNAL] [IOT] IOT - Repose document posted for comments Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. All, The clean version of the ICANN Legal proposal for Repose is now posted as a google doc for comments by members: https://docs.google.com/document/d/11KwXjL8lwiKSzQGrU6hJeuHY9F4oFtMm4ZKnKic7tkQ/edit?usp=sharing Given our next meeting is scheduled for next week, September 28 19:00 UTC we would strongly encourage members to include their comments on this document prior to the meeting. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair ________________________________ The contents of this email and any attachments are confidential to the intended recipient. They may not be disclosed, used by or copied in any way by anyone other than the intended recipient. If you have received this message in error, please return it to the sender (deleting the body of the email and attachments in your reply) and immediately and permanently delete it. 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For further information see www.comlaude.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 7395 bytes Desc: image001.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.png Type: image/png Size: 6938 bytes Desc: image002.png URL: From turcotte.bernard at gmail.com Wed Sep 29 15:48:05 2021 From: turcotte.bernard at gmail.com (Bernard Turcotte) Date: Wed, 29 Sep 2021 11:48:05 -0400 Subject: [IOT] IOT - Scheduling of calls going forward Message-ID: All, We have documents to discuss and the ICANN meeting will be upon us in one month. In an effort to maintain our momentum and account for the ICANN meeting we would propose the following schedule for IOT meetings: - Tuesday, October 12th 17:00 UTC - regularly scheduled call (conflicts with Prep Week but not for things that should influence participants in this group). - Tuesday, October 19th, 17:00 UTC - off of our regular rotation but then we are proposing to not have a meeting on October 26th as this is during the ICANN meeting. - Tuesday, November 2nd 17:00 UTC - would make it two weeks since our previous meeting. Please advise if you have any significant issues with this schedule. Thank You. Bernard Turcotte ICANN Support to the IOT for Susan Payne IOT Chair -------------- next part -------------- An HTML attachment was scrubbed... URL: