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ATTENDEES: 

Members:  David McAuley, Kavouss Arasteh, Liz Le, Susan Payne

ICANN Org:   Bernard Turcotte, Brenda Brewer

Apologies/Samantha Eisner

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

...

Agenda:  

  1. Review of agenda.
  2. Continue with review items for consideration arising out of 23 November call
    1. Notes from 23 November call

      The following items arose during our last call on 23 November and require further consideration from the Sub Team:

      • Whether the request for consolidation/intervention/participation as amicus should in fact be heard by the full panel, once appointed, rather than a single interim panellist appointed for this purpose – some public comment input to this effect.  Considerations:
        • Typically 1-2 months to seat full panel, so potential delay in dealing with such requests - would this timing work, particularly for consolidation where two IRPs are proceeding in parallel?
        • Joining party (consolidation/intervention) would not have input on panel selection – is the trade-off they make for joining another proceeding?
        • Would an alternative be to retain single panelist decision-making, but allow them to confer with full Standing Panel?

      Update 8 December: support on the call for having these applications considered by the full panel; edits to Rule 7 (attached) to reflect

      • The role of the Supporting Organisation, e.g. GNSO,  in proceedings where their policy is being challenged:
        • under Interim Rules they join as a Claimant but, presumably, they actually are opposed to the initial Claimant’s position. 
        • Should they be an amicus?

      Update 8 December: support on call for SO participation as “cross claimant”, “opponent claimant” or similar; Query – what rights should SO have that would not be delivered by making them an amicus?

      • Do we need a mechanism to hold amicus participants accountable:
        • On last call, we seemed to favour making this at the discretion of the panel, and to add some explicit language to this effect
  3. Review and discussion of the updated version Rule 7 mark up (attached)
  4. Next meeting – Tuesday 1 February 1700 UTC

Recording

Documents;  N/ARule 7 markup

Zoom Chat Transcript