Members: Becky Burr, David McAuley, Flip Petillion, Kavouss Arasteh, Kurt Pritz, Malcolm Hutty, Scott Austin, Susan Payne
Guests/Observers: Avri Doria, Kate Wallace, Liz Le
ICANN Org: Bernard Turcotte, Brenda Brewer
Apologies: Mike Rodenbaugh, Sam Eisner
** If your name is missing from attendance or apology, please send note to mssi-secretariat@icann.org **
Agenda:
- Review agenda and updates to SOIs
- Review status of Action Items
- ICANN Legal to comment in writing on MH proposal vs. tolling
- SP to propose language on Materially Affected to align with the Bylaws
- SP to propose text on decision maker for applications for leave to file out of time
- Discussion on tolling vs Fixed Additional Time
- Continue the discussion on the Repose and Safety Valve open questions
- Confirmation of next meeting: 8 March 2022, 18:00 UTC
Transcript: PDF
Recording
Documents:
Zoom Chat Transcript:
00:23:38 David McAuley (Verisign): none here
00:25:07 Bernard Turcotte: I believe that is correct
00:37:15 David McAuley (Verisign): I continue to feel that no tolling or delay for Ombuds is good
00:39:17 Kurt Pritz: I think no tolling for the Ombudsman makes sense if the ombudsman is willing to consider a case in parallel with other accountability mechanisms such as the RfR.
00:43:14 David McAuley (Verisign): I didn't read it that way but bears some thought
00:43:47 Flip Petillion: Good nigh ! I’ll listen to the recording
00:44:08 Kurt Pritz: David, I did not read it that way either.
00:51:27 Kurt Pritz: I agree with David’s interpretation and also support Malcolm’s proposal
00:54:43 Bernard Turcotte: Will do
01:05:37 Susan Payne: 4.2: (c) A Requestor may submit a request for reconsideration or review of an ICANN action or inaction ("Reconsideration Request") to the extent that the Requestor has been adversely affected by: (i) One or more Board or Staff actions or inactions that contradict ICANN's Mission, Commitments, Core Values and/or established ICANN policy(ies);
01:09:22 becky: Has that EVER happened?
01:09:27 David McAuley (Verisign): I agree that these are inter-related parts of the accountability regime and we should try to find a way to allow resolution at the lowest, least expensive level
01:09:39 David McAuley (Verisign): and then give some time to file IRP
01:10:42 David McAuley (Verisign): if needed -
01:18:59 David McAuley (Verisign): actula
01:19:25 David McAuley (Verisign): actually I don't have experience with irp Scott
01:21:25 Bernard Turcotte: Time check - 29 minutes left in call
01:24:36 Scott Austin: Could we create a policy "encouragement" through having those who have engaged in CEP get 60 days to file the IRP and if they have not they only get 30 days post RFR to file the IRP.
01:29:42 Liz Le: Here is the tolling language under the current CEP rules: If ICANN and the requestor have not agreed to a resolution of issues upon the conclusion of the cooperative engagement process, or if issues remain for a request for independent review, the requestor’s time to file a request for independent review designated in the Bylaws shall be extended for each day of the cooperative engagement process, but in no event, absent mutual written agreement by the parties, shall the extension be for more than fourteen (14) days. (https://www.icann.org/en/system/files/files/cep-11apr13-en.pdf)
01:31:55 David McAuley (Verisign): I have to apologize Susan and colleagues - my little grandson is quite sick now and needs to be picked up – I am caring for him today. The little one-year old fellow has been quite good this past hour+, for which I am grateful. But I better take leave now, thanks all.
01:32:21 Bernard Turcotte: Good luck David
01:32:42 becky: Take care David- hope he mends quickly!
01:33:07 Liz Le: Here is the provision under the Bylaws re CEP:
01:33:47 Liz Le: Section 4.3(e)
01:33:58 Liz Le: https://www.icann.org/resources/pages/governance/bylaws-en/#article4
01:39:02 Bernard Turcotte: Time check - 10 minutes left in call
01:40:36 Bernard Turcotte: Piton
01:40:51 Kurt Pritz: It’s a piton - was on the Sunday crossword puzzle
01:41:18 Scott Austin: Thank you.
01:49:04 Bernard Turcotte: bye all
