Members: Becky Burr, David McAuley, Greg Shatan, Kristina Rosette, Mike Rodenbaugh, Samantha Eisner, Susan Payne
Guests/Observers: Kate Wallace, Liz Le
ICANN Org: Bernard Turcotte, Brenda Brewer
Apologies: Flip Petillion, Malcolm Hutty
** If your name is missing from attendance or apology, please send note to brenda.brewer@icann.org **
Agenda:
Review agenda and updates to SOIs
Continue review and discussion of small team’s proposed revision to Rule 7
AOB
Next call 22 August 1800 UTC
Transcript: PDF
Recordings:
Documents: Rule 7_12 July 2023 Clean version of text FLIP
Zoom Chat Transcript:
12:57:12 From Bernard Turcotte To Everyone:
HELLO ALL
13:01:28 From David McAuley (Verisign) To Everyone:
Becky always counts
13:01:47 From becky To Everyone:
Thank you David!
13:05:22 From Mike Rodenbaugh To Everyone:
Why not FIRST IRP rather than DOMINANT IRP?
13:06:33 From Mike Rodenbaugh To Everyone:
INITIAL IRP...
13:19:47 From Kristina Rosette To Everyone:
I'm confident that we could come up with wording about publication timing that would address the points Sam has raised.
13:20:43 From Liz Le - ICANN Org To Everyone:
Article 4.3(u) provides:
“All IRP Panel proceedings shall be conducted on the record, and documents filed in connection with IRP Panel proceedings shall be posted on the Website, except for settlement negotiation or other proceedings that could materially and unduly harm participants if conducted publicly. The Rules of Procedure, and all Claims, petitions, and decisions shall promptly be posted on the Website when they become available. Each IRP Panel may, in its discretion, grant a party's request to keep certain information confidential, such as trade secrets, but only if such confidentiality does not materially interfere with the transparency of the IRP proceeding.” (https://www.icann.org/resources/pages/governance/bylaws-en/#article4)
13:20:53 From David McAuley (Verisign) To Everyone:
I agree with observations of Sam and Becky
13:21:50 From Greg Shatan To Everyone:
Also not a fan of know or should have known…
13:26:18 From Mike Rodenbaugh To Everyone:
2 specific instances: SO policy is implicated; or underlying dispute involved 2 or more parties
13:27:50 From Mike Rodenbaugh To Everyone:
SO policy is clearly implicated by the IRP Complaint
13:31:52 From David McAuley (Verisign) To Everyone:
agree with Sam - who and how would make that judgment
13:33:04 From Mike Rodenbaugh To Everyone:
ICANN’s website has about 1 million pages… can we be more specific?
13:34:33 From Kristina Rosette To Everyone:
Section of the Website entitled "Independent Review Process Documents" [which is the current title]
13:34:38 From Mike Rodenbaugh To Everyone:
Another clear example is what Kristina mentioned, where an underlying contention set is at issue in an IRP, ICANN can easily notify all of the competing applicants via contact info provided in the applications
13:35:38 From Mike Rodenbaugh To Everyone:
Again, the ‘notice’ concept applies to intervention rather than consolidation
13:36:21 From David McAuley (Verisign) To Everyone:
I like publication being well done - don't like notice obligations
13:38:05 From Mike Rodenbaugh To Everyone:
CEP updates are sporadic, at best
13:38:47 From Kristina Rosette To Everyone:
I prefer a publication requirement over a notice requirement. I could live with a notice requirement that doesn't require any interpretation (e.g., automatic notification to all SO Chairs when any IRP is commenced vs. notification to relevant SO Chair when IRP is commenced that implicates an SO policy) and isn't overly burdensome.
13:40:37 From Mike Rodenbaugh To Everyone:
You are making assumptions that “people are looking” which has no basis in fact, particularly in the future.
13:41:33 From David McAuley (Verisign) To Everyone:
I don't agree, Mike - there are people who are following issues. Why would we assume ICANN knows who all to notify?
13:42:06 From Mike Rodenbaugh To Everyone:
We shouldn’t, except in certain obvious cases, like contention sets.
13:42:25 From Mike Rodenbaugh To Everyone:
How would all other applicants know that one filed an IRP?
13:42:33 From Mike Rodenbaugh To Everyone:
ICANN knows who they are and can easily notify them
13:43:43 From Mike Rodenbaugh To Everyone:
That would not be burdensome nor involve any discretion as far as I can see
13:44:34 From Mike Rodenbaugh To Everyone:
And would be much more fair to applicants who have paid a lot of money, and whose rights could be substantially affected by an IRP brought by a competing applicant
13:46:21 From David McAuley (Verisign) To Everyone:
I think Susan's idea would be helpful, Mike, to perhaps on list make your case for the notice as limited and sensible as you believe would make sense.
13:50:49 From Kristina Rosette To Everyone:
I do not underestimate the creativity of members of this community so I would prefer not to be so specific (e.g., limiting to conflict of interest).
14:03:51 From Bernard Turcotte To Everyone:
Time check - 25 minutes left in call
14:15:55 From Mike Rodenbaugh To Everyone:
Nothing about a CEP is public, except the fact it was filed
14:18:04 From David McAuley (Verisign) To Everyone:
I tend to agree w Kristina
14:20:48 From David McAuley (Verisign) To Everyone:
SOs etc can move quickly if needed - like when IANA Transition looked set to go ahead w/out new accountability measures
14:22:46 From Mike Rodenbaugh To Everyone:
SOs pay a filing fee?
14:23:01 From Mike Rodenbaugh To Everyone:
SOs get all evidence produced in the matter?
14:29:39 From Mike Rodenbaugh To Everyone:
This is a real trap for would-be intervenors. So I appreciate mentioning it in the rule, but it is buried and so I think still a huge trap.
14:30:08 From Greg Shatan To Everyone:
Sadly, there is no “angels dancing on the head of a pin” emoji….
14:31:23 From Bernard Turcotte To Everyone:
bye all
14:31:25 From Kristina Rosette To Everyone:
thanks, all. have a good week.
14:31:35 From David McAuley (Verisign) To Everyone:
thanks
