Sub-group Members: Avri Doria, Becky Burr, David McAuley, David Post, Greg Shatan, Jeff LeVee (Jones Day), Kavouss Arasteh, Liz Le, Malcolm Hutty, Marianne Georgelin, Robin Gross, Samantha Eisner
Staff: Alice Jansen, Bernie Turcotte, Berry Cobb, Brenda Brewer
Apologies: Olga Cavalli
**Please let Brenda know if your name has been left off the list (attendees or apologies).**
The Adobe Connect recording is available here: https://icann.adobeconnect.com/p4zru3re8qe/
The audio recording is available here: http://audio.icann.org/accountability/ccwg-accountability-iot-14jan16-en.mp3
1. Welcome and organizational issues (meeting times, frequency, working methodology)
2. Update on bylaws draft
3. Research and resources
These high-level notes are designed to help you navigate through content of the call and do not substitute in any way the transcript.
This should be a short call to cover functioning and scheduling.
We have received a draft of the Bylaws provisions which will be circulated to this group. This is a first draft which will probably generate significant discussion and debate.
Probably best to go through this at a slightly later stage when other things begin to settle.
We should establish a standard weekly meeting time.
We should pick 2 consistent times for rotating calls.
Calls may be brief initially but it would be useful to keep to a weekly schedule.
Bylaws should address the basic operational practicalities. Instead of re-inventing the wheel we could collect and distribute examples of how these issues have been addressed by others.
An eg. of this is rules of procedures of courts. The International Monetary Fund has an independent review process which has many similar features to what we are looking to creating.
Would propose that institutions that have potentially useful rule books from which we could pick and choose.
I have asked persons from different legal systems to get examples from different types of legal systems.
Any suggestions on where we could look for this.
I have the World Bank,
(AC audio issues)
Jeff LeVee (Jones Day) - could be useful to reach out to lawyers who have participated in ICANN IRPs in the past since there are only a few of these. Will be happy to provide input if requested.
BB - ICDR and ICANN supplementary rules should be added to consideration. Understanding that this is more a constitutional court vs a straight commercial arbitration body and is very important to participants. Simplicity should be the rule of the day. Good suggestion that attorneys who participated in IRP proceedings should present to this group.
Jeff LeVee (Jones Day): The 3 lawyers who have been most active in representing claimants are: John Genga (based in LA), Arif Ali (Dechert based in DC), and Flip Petillion (Crowell, based in Brussels).
DM - for such a panel this would have to be managed very well to ensure we get what is needed - have a set of questions.
MH - good idea, have to be intelligent how we do that, uncertain how well they will be tracking what is going on in the CCWG - however it is a substantially different process - so it’s not about tweaks to the current process vs getting their views on our needs.
GS - We are the recommending body so we will have to assess what is presenting. But prepping them properly would probably be useful. Another potential input is recent IRP decisions (.Africa).
BB - useful input. JL question - how about decision makers from the current IRP panels?
JL - that may work. I can recommend some names for this.
BB - for the call next week we will circulated the draft Bylaws and circulate some documentation from various bodies. Participants should be assigned one the these each to analyze for their usefulness.
BB - to what extent will participants be in Maraketch and if it makes sense to have a face to face to face there? This is more exploration at this point. We should act only on real consensus and there is no difference bet members and participants in this group.
BB - plan a meeting next week at the same time.
BB - important project and look forward to working with everyone.
Adjourned 18:38 UTC
Brenda Brewer: (1/14/2016 11:25) Welcome all to IRP Implementation Oversite Team (IOT) Meeting #1 on Thursday, 14 January 2016 @ 18:00 UTC! Chat sessions are being archived and follow the ICANN Expected Standards of Behavior: http://www.icann.org/en/news/in-focus/accountability/expected-standards
Bernard Turcotte Staff Support: (11:58) hello all
Kavouss Arasteh: (11:59) Hi Every body
Kavouss Arasteh: (12:00) Hi Everybody
Malcolm Hutty: (12:00) hello
Becky Burr: (12:00) hello all
Marianne Georgelin: (12:00) Hello
David McAuley: (12:01) Hello all
Greg Shatan: (12:01) Hello all.
Kavouss Arasteh: (12:01) Dear BRENDA
David McAuley: (12:01) ok sounds good
David Post: (12:01) hi
Kavouss Arasteh: (12:01) I AM DISCONNECTED
Brenda Brewer: (12:02) Thank you...calling Kavouss back
Greg Shatan: (12:02) To avoid confusion witn the "Internet of Things" I suggest this group be renamed "IRP Development & Implementation Oversight Team".
Greg Shatan: (12:03) Of course, that means the acronym is....
Greg Shatan: (12:03) IDIOT.
Avri Doria: (12:03) me too especially since i do research on IOT
David McAuley: (12:03) +1 Greg
Greg Shatan: (12:03) We can call it DIOT instead.... :-)
Avri Doria: (12:04) i like idiot
Malcolm Hutty: (12:04) idiot works for me :-)
David McAuley: (12:05) Reminds me of my days in management where I frequently said if I wanted an idiot to do it I would have done it myself
Robin Gross [GNSO - NCSG]: (12:05) :-)
David McAuley: (12:05) audio?
David McAuley: (12:05) now back
Samantha Eisner: (12:07) Could we rotate between 2 times?
David McAuley: (12:07) good idea
David McAuley: (12:08) I like the idea Becky, for the resons you give
David McAuley: (12:08) reasons
David McAuley: (12:09) Moving to phone - several audio interruptions
Avri Doria: (12:11) Am I the only one having silent patches in the audio?
David McAuley: (12:12) I had them Avri - now on phone which is fine
Becky Burr: (12:14) hello Kavouss
Robin Gross [GNSO - NCSG]: (12:14) audio problems here
Marianne Georgelin: (12:14) many audio interruptions
Bernard Turcotte Staff Support: (12:14) indeed
Bernard Turcotte Staff Support: (12:15) who is speaking please
Becky Burr: (12:15) Jeff LeVee - Jones Day
Greg Shatan: (12:16) Did I hear Jones Day offering a discount? :-)
Becky Burr: (12:16) is the audio fixed?
Greg Shatan: (12:16) More seriously, the views of the "IRP Bar" would be useful. Who are the 3 Jeff is thinking of?
Brenda Brewer: (12:17) The audio issue is on Adobe only. The phone lines do not have audio issues.
Marianne Georgelin: (12:17) I switched to phone. Far better
Kavouss Arasteh: (12:18) bREDA
Kavouss Arasteh: (12:18) i AM DISCONNECTED AGAIN
Brenda Brewer: (12:18) Operator is calling you back Kavouss. Thank you.
Jeff LeVee (Jones Day): (12:18) The 3 lawyers who have been most active in representing claimants are: John Genga (based in LA), Arif Ali (Dechert based in DC), and Flip Petillion (Crowell, based in Brussels).
David McAuley: (12:18) +1 Jeff, Greg, Becky on tapping into experience
David Post: (12:19) +1 - good idea to have a "panel" with prior IRP participants
David Post: (12:20) useful to get their take on what worked, what didn't, etc.
David Post: (12:20) and good idea to do that at the outset
Kavouss Arasteh: (12:21) bRINGING THESE lAWYERS WOULD BRING ENRICHMENT TO OUR WORK
Kavouss Arasteh: (12:21) Ithus support he idea
Becky Burr: (12:21) please mute unless you are speaking
Kavouss Arasteh: (12:23) Could we have a very vbrief 7 execute summary of the type of the works which these people were involved and contributed to in order to have a comaparision with respect to the scope of the works and similarity of the subjects which were discussed
Becky Burr: (12:24) yes, Kavouss. Will create and circulate
David McAuley: (12:24) I may have been confused on "panel"
Kavouss Arasteh: (12:25) PERHAPS THE PARTICIPATION OF THESE RESPECTFUL LAWYERS SHOULD FOLLOW THE SAME PATTERN THAT OUR OWN LAWYERS FOLLOWED
David Post: (12:27) i support this idea - to get some general input from some prior IRP panel members
Bernard Turcotte Staff Support: (12:28) Kavous - please note that under informal chat rules all capitals is equivalent with screaming
David McAuley: (12:28) One thing we may want to consider and recommend to CCWG is the idea that we build an IRP review into the process to tweak the system in two-years (?) time to make sure procedural rules are meeting our expectations and panelists are ruling within jurisdictional limits
Becky Burr: (12:29) yes, ongoing review is part of the process
David McAuley: (12:29) good, thanks Becky
Kavouss Arasteh: (12:29) Yes ,it is good to know how these various entities( expert Panel, Standing Panels and other Type of Paels ) functioned. How their personal views were managed not to dominate the expecxted expertise /Lega Vies)(
Malcolm Hutty: (12:30) agree with avoiding anyone who is a panelist on an active case
Avri Doria: (12:30) would also be good to hear from these folks what they thought did not work well in our context and what they wished had been different.
Kavouss Arasteh: (12:30) May we, in the resume, have a very brief descrition of the cases which were treated and any inconsistencies identified
Kavouss Arasteh: (12:32) Becky,
Kavouss Arasteh: (12:32) It is a good idea
Kavouss Arasteh: (12:32) I am again disconnected
Kavouss Arasteh: (12:33) Swiss Line is almost stable
David McAuley: (12:34) Thanks Becky and all
Marianne Georgelin: (12:34) Thank you Becky
Greg Shatan: (12:34) We need to discuss deliverables.
Malcolm Hutty: (12:34) thank you everyone, Becky!
David Post: (12:34) thanks all
Robin Gross [GNSO - NCSG]: (12:34) Thanks, Becky and all!
Avri Doria: (12:34) bye, thanks
Becky Burr: (12:34) good point greg - but i think we need a bit more information