Sub-group Members: Amy Stathos, Avri Doria, Becky Burr, David McAuley, Greg Shatan, Kate Wallace, Kavouss Arasteh, Konstantinos Komaitis, Marianne Georgelin, Samantha Eisner, Thomas Rickert, Tom Indelicarto
Legal Counsel: Edward McNicholas, Holly Gregory
Staff: Bernard Turcotte, Brenda Brewer, Yuko Green
Apologies: -
**Please let Brenda know if your name has been left off the list (attendees or apologies).**
Transcript
Recording
The Adobe Connect recording is available here: https://icann.adobeconnect.com/p2nrkgczk9h/
The audio recording is available here:
Notes
Documents Presented
Chat Transcript
Brenda Brewer:Good day all and welcome to IRP IOT Meeting #4 on 6 July 2016 @ 14:00 UTC!
Kavouss Arasteh:Hi Brenda,
Kavouss Arasteh:We missed you in Helsinki but the results of your activities was highly appreciated
Brenda Brewer:Hi Kavouss! You are so kind! Thank you.
Kavouss Arasteh:Brenda,
Kavouss Arasteh:Do you dial me up before the meeting pls?
Brenda Brewer:Yes, I can dial out to you in approximately 8 minutes.
Becky Burr:hello everyone
Holly J. Gregory (Sidley):the 5853 phone number listed is me
Marianne Georgelin:Hello!
Bernard Turcotte Staff Support:hi all
Holly J. Gregory (Sidley):Greetings everyone.
Brenda Brewer:Thanks Holly for identifying #
Edward McNicholas, Sidley:Hello to all.
Thomas Rickert:Hi all!
Brenda Brewer:Please identify if your phone number is listed. I will update with name. Thank you!
David McAuley (RySG):Hello all
David McAuley (RySG):Becky, I regret inability to participate other than in chat. Severe bronchial infection - trying to talk causes coughing spasm. Not what this group wants to hear.
Kavouss Arasteh:Hi everybody
Holly J. Gregory (Sidley):David, So sorry to hear it. Please take good care!
David McAuley (RySG):Thanks Holly
Kavouss Arasteh:dAVID
Kavouss Arasteh:sORRY TO HEAR THAT.
Kavouss Arasteh:tAKE CARE
David McAuley (RySG):Thanks Kavouss - these things happen, lucky for me knot very often
Kavouss Arasteh:bECKIE
Kavouss Arasteh:wHAT WOULD BE THE STATUS OF SUPPLEMENTARY rULES
David McAuley (RySG):Thanks Becky
Kavouss Arasteh:dOES IT HAVE SIMILAR, IF NOT IDENTICAL , STATUS AS bYLAWS
Kavouss Arasteh:Sorry for Cap
Kavouss Arasteh:Beckie
Kavouss Arasteh:May at appropriate time convinient you kindly advise the status of this Supplementary Rules?
Kavouss Arasteh:The findings of ICDR are as advice or as mandatory to follow?
Kavouss Arasteh:In other words ,does ICDR have the authority to modify what was agreed by community and included in the SR without referring them back to the community?
Kavouss Arasteh:I raised a question that you may kindly wish to answer
Amy Stathos:The role of the ICDR is to ensure that the Supplementary Procedures are consistent with the Bylaws.
David McAuley (RySG):Good point Amy, but I think we have a role in that as well
Amy Stathos:Of course David. I was not suggesting we did not. The ICDR just has its own internal rules as well.
David McAuley (RySG):OK thanks
Amy Stathos:Thanks for clarification.
Kavouss Arasteh:Tks
Kavouss Arasteh:That is fair enough
David McAuley (RySG):Becky, I think we will want to add a requirement that a claimant certify that the claim is brought in good faith and belief that is qualifies as a legitimate IRP and not for improper purpose
Holly J. Gregory (Sidley): There could be parties who are joined due to similar claims
Kavouss Arasteh:ok
Brenda Brewer:Please identify your name if phone number is listed in Attendees field. Thank you!
Holly J. Gregory (Sidley):We will need to conflorm the standing requirements to the new bylaw language.
Holly J. Gregory (Sidley):Agree, that the rules should be revised to reflect the bylaws rather than cross reference
Edward McNicholas, Sidley:Having everything in one self-contained document may increase the accessibility of the process for persons not represented by counsel.
Marianne Georgelin:I agree with this.
David McAuley (RySG):Agree with Greg
Marianne Georgelin:(with Edward)
Kavouss Arasteh:Grecv +1
Kavouss Arasteh:Grec1 1
Kavouss Arasteh:Why the verb" MAY" is used. If the Chair of the standing Panel does not take any action ,what happens?
Holly J. Gregory (Sidley):Kavouss, "may" indicates that the Chair has discretion to make the decision whether or not to provide a recommendation. If there is no IRP Panel yet and the Chair takes no action, then no action has been taken.
Holly J. Gregory (Sidley):By no action I mean No recommendation
Kavouss Arasteh:tHAT SEEMS LOGICAL
Kavouss Arasteh:Tks ,that seems logical
David McAuley (RySG):should we shape this so that ICDR panelist has some DNS experience?
Kavouss Arasteh:Beckie, in addition to the chief of the standing panel or ICDR, could any of the partzies could request the establishment of emergency panel?
Kavouss Arasteh:David +1
Becky Burr:yes, Kavouss - a party could certainly request interim relief, which would trigger the appointment of an emergency panelist
Kavouss Arasteh:Tks Beckie
Becky Burr:@ David - good idea and consistent with the concept of the standing panel
Greg Shatan:The decision-making power rests with the panel in either case; the question is whether they can act without an initiating request and justification.
Greg Shatan:from the party.
Kavouss Arasteh:Dismissal is exclusively left for the panel ist or the chief panelist and certainly NOT for any of the concerned parties
Greg Shatan:No one ever suggested it was, Kavouss.
Avri Doria:thinking slowly today, but i am not sure i agree that the panel shouldn't be able to inititate protection. We want to make this more accessible. insisting that all litigants have the best and most creative of litigants makes it less accessible.
Holly J. Gregory (Sidley):Kavouss, If the party initiating determines that it no longer ants to pursue a claim, shouldnt it have the ability to dismiss?
Avri Doria:i know, just want to put the stake in the ground, as it were.
Holly J. Gregory (Sidley):ICANN Legal, Please let us know when Sidley will have a document to review so that we can plan?. Thanks
David McAuley (RySG):Question for Sam or Amy – do “base” ICDR rules change periodically and how do you track that in case it might impact our work on supplemental rules?
Kavouss Arasteh:have the points raised by Grec not already been discussed before ?
Amy Stathos:David - The ICDR rules are periodically updated. However, it is not frequent and we are notified in advance.
David McAuley (RySG):thank you Amy
Kavouss Arasteh:Beckie, what ever we come up under supplementary Rules must be remained within the evnvelope of the Bylaws
David McAuley (RySG):Thanks Becky, staff, and all
Avri Doria:bye
Bernard Turcotte Staff Support:bye all
Kavouss Arasteh:Bye Bye
Greg Shatan:Bye all, and apologies for joining late...
Edward McNicholas, Sidley:Bye