Attendees: 

Members:  David McAuley, Greg Shatan, Hector Ariel Manoff, Mike Rodenbaugh, Sam Eisner, Susan Payne

Guests/Observers: Kate Wallace, Liz Le

ICANN Org: Bernard Turcotte, Brenda Brewer

Apologies: Flip Petillion

** If your name is missing from attendance or apology, please send note to mssi-secretariat@icann.org **

Agenda:

  1. Review agenda and SOIs
  2. Action items:
    1. SP to revise the strawman and recirculate for review and comment prior to next call
    2. SP/BT to identify outstanding issues and timeline
  3. Discuss and finalise draft agreement on Initiation (attached for convenience)
  4. Face to face meeting:
    1. Informal get together at ICANN 76?
    2. Request meeting slot for DC, ICANN 77

Transcript: PDF

Recording:

Documents:  Initiation Draft Agreement (Strawman v3) Feb2023

Zoom Chat Transcript:  

13:59:40   Bernard Turcotte to Everyone:  hello all
00:48:18    Mike Rodenbaugh: We can look at the order and track language from there
00:54:15    Mike Rodenbaugh: Why are we deleting the examples?
01:00:47    David McAuley (Verisign): I guess I don't see the filing fee as something that ICANN would set - it should, however, protect against oneropus fees that bar a claim from starting
01:00:55    David McAuley (Verisign): onerous
01:02:45    Mike Rodenbaugh: ICANN has, in almost every case, has argued that the IRP panel cannot issue any binding order.  There can be no debate about that.
01:03:31    Mike Rodenbaugh: We should confirmation from ICANN Legal about whether and to what extent they require covenants not to sue in other contexts.
01:03:37    David McAuley (Verisign): I think it is a semantic issue - the panel cannot order ICANN what to do but it can, IMO, essentially force ICANN to remedy a breach of bylaws or articles - that can be huge
01:04:09    Greg Shatan: MIke, are you referring to IRPs under the "new" bylaws, or only under the prior bylaws?
01:04:10    Mike Rodenbaugh: “Essentially force” does not equal “recommend”.  Which is all the panel can do.
01:04:29    David McAuley (Verisign): their declarations are enforceable and binding
01:05:18    Sam Eisner - ICANN Org: The panel is not authorized to issue specific relief.  The panel is empowered to identify if there was a Bylaws issue
01:05:30    Sam Eisner - ICANN Org: That is specified in the Bylaws
01:11:20    Mike Rodenbaugh: I think there was support from Kavouss on the list.  And I am fairly confident that Malcolm and. Kristina might agree if they were here…. So the issue should be put to the list specifically?
01:12:20    David McAuley (Verisign): I agree we need to give all members a chance to weigh in on this.
01:18:46    David McAuley (Verisign): A lot of work in these strawman proposals along the way - many thanks Susan.
01:20:53    Mike Rodenbaugh: Unsurprisingly, I might blame ICANN rather than Susan…. Not seemingly a very high priority of Org.
01:21:03    David McAuley (Verisign): I support an informal get-together if possible
01:21:31    Mike Rodenbaugh: I also support
01:21:54    Greg Shatan: By "ground," do you mean "beach"?
01:22:29    Brenda Brewer - ICANN Org: When I learn of deadlines, I will let you know, Susan
01:22:57    Mike Rodenbaugh: +1 David
01:23:04    Brenda Brewer - ICANN Org: Happy to reserve an IRP-IOT Plenary for ICANN77…
01:23:49    Greg Shatan: Please no 6 hour meetings unless it is F2F.
01:29:02    David McAuley (Verisign): Thanks Susan, Bernie, Brenda, and all.
01:29:02    Mike Rodenbaugh: Thank you Susan!!
01:29:24    Bernard Turcotte: bye all

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