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IOT Meeting #40 | 9 October 2018 @ 19:00 UTC

IOT Meeting #40 | 9 October 2018 @ 19:00 UTC

Owned by Brenda Brewer
Last updated: Jan 30, 2020

Attendees: 

Sub-group Members:   Avri Doria, David McAuley, Kate Wallace, Liz Le, Malcolm Hutty, Robin Gross, Samantha Eisner  (7)

Staff:  Bernard Turcotte, Brenda Brewer

Apologies:  Kavouss Arasteh

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

Agenda

  • The agenda for the calls (following admin/SOI) is to address interim rules of procedure and do our best to get through them in order to present them to the Board for use as interim rules of procedure pending final rules which will require a bit more work.
  • We will then turn to consider the issue of repose.
  • In order to issue interim rules of procedure we will use the clean version of the documents Bernie sent Friday. Those rules show the ‘time-for-filing’ (Rule 4) as still containing a second ‘overall’ time period of twelve months within which a claim must be filed or else lost. We will need to come up with a footnote to that aspect of the time for filing rules that effectively creates a safe-harbor such that a claimant is not timed-out by that particular aspect of the rule until the final rules are issued, at which time whatever those final rules put into effect would take effect.
  • We should also address any comments/concerns with plans I suggested in my mail to the IOT of Sept. 24th.
  • Also, as you know I have periodically given updates on our behalf on IOT work to various groups at ICANN meetings. That will continue at ICANN 63.

Transcript

Recording

Raw Caption Notes*

*Note that these are the unofficial transcript. Official transcript will be posted 2-3 days after the call

Documents:

Decisions:

  • Rule 1 – Definitions – Approved no comments
  • Rule 2 – Scope – Approved no comments.
  • Rules 3 – Composition of Independent Review Panel – Approved no comments.
  • Rule 5A – Nature of IRP Proceedings – Approved with typo correction
  • Rule 9 – Summary Dismissal – Approved no comments.

Action Items

  • Rule 4 - Time for Filing – SE – post language re “safe harbor” vs final rules wrt 120 days
  • Rules 5B Translation - DM – To confirm as per MH comment that language will be inserted that states that the final decision will be posted in English.
  • Rules 5B Translation – SE, MH to agree on language regarding administrative vs legal costs and the issue of cost shifting so the IOT can consider it at its next meeting.
  • Rule 6 – Written Statements – KW – Draft text regarding mandatory time to provide notice and IRP has started (completed).
  • Rule 7 - Consolidation, Intervention and Participation as an Amicus – DM to provide draft language to clarify.
    • it's essential that a person or entity have a right to join an IRP if they feel that a significant -- if they claim that a significant interest they have relates to the subject of the IRP. And that adjudicating the IRP in their absence would impair or impede their ability to protect that.
  • Rule 8 – Exchange of Information – DM – to provide draft language to have tighten the rules to avoid disclosing commercial advantage.
    • This is in part related to the joinder I just mentioned. And what I suggest and what I think we need is to tighten the rule to ensure that an IRP panel cannot disclose materials or information amongst joined parties that will compromise competitive confidentiality. I think it's possible to gain the system through intervention. But I think we should tighten up the rule.

Requests:  (none)

Next meeting:  11 October 2018 @ 19:00 UTC

Chat Transcript:

Brenda Brewer: (10/9/2018 13:37) Good day all!  Welcome to IRP-IOT Meeting #42 on 9 October 2018 @ 19:00 UTC.

  Brenda Brewer: (13:37) Please note that this meeting will be recorded. When not speaking, kindly mute your phones by pressing *6. Press *6 to unmute. Thank you.

  Bernard Turcotte: (13:56) Hello all

  David McAuley: (13:59) Hi all, let's wait a few min or until we have 5 mbrs

  Bernard Turcotte: (14:00) we have quorum as it were

  Bernard Turcotte: (14:00) I have a hard stop at the top of the hour

  Robin Gross: (14:02) I updated my SOI this week (nothing substantive)

  Avri Doria 2: (14:04) I expect i will mis the next mtg s i am travelling

  Robin Gross: (14:13) I agree with Malcolm, for the record.

  Malcolm Hutty: (14:15) Agree with that proposal, would like to see language

  Robin Gross: (14:15) It seems reasonable to toll that time

  Samantha Eisner: (14:18) The current CEP process is here: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_en_system_files_files_cep-2D11apr13-2Den.pdf&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=kbiQDH54980u4nTPfwdloDLY6-6F24x0ArAvhdeDvvc&m=_cNShJk5WMjXNeYF4F2pFnaVuX1pI2I6rceAJGcMjbw&s=ixjeaId_Wc4XgjGEnnhROx1t0q852SC-6sMAmw11yU0&e=

  Samantha Eisner: (14:18) the tolling language states: "If ICANN and the requestor have not agreed to a resolution of issues upon the conclusion of the cooperative engagement process, or if issues remain for a request for independent review, the requestor’s time to file a request for independent review designated in the Bylaws shall be extended for each day of the cooperative engagement process, but in no event, absent mutual written agreement by the parties, shall the extension be for more than fourteen (14) days."

  Bernard Turcotte: (14:29) timing note - 30 minutes left in call

  Bernard Turcotte: (14:37) done

  Bernard Turcotte: (14:51) Time check 1q0 minutes left in call

  Bernard Turcotte: (14:52) 10 minutes

  Bernard Turcotte: (14:57) byee lal

  Bernard Turcotte: (14:57) bye all

  Robin Gross: (14:57) thanks, bye!