9 September 2015

The next meeting of the new IGO-INGO Access to Curative Rights Protection Mechanisms Working Group is scheduled on Wednesday 9 September 2015 at 16:00 UTC (09:00 PDT, 12:00 EDT, 17:00 London, 18:00 CET). 

Adobe Connect WITH AUDIO enabled: https://icann.adobeconnect.com/crp/ 

Proposed Agenda:

1.  Roll call/updates to SOI
2. Update on recent discussions in the GNSO Council
3. Discuss and agree on criteria for choice of external legal expert
4. Discuss and agree on which expert to follow up with (Information on candidates available here: https://icann-community.atlassian.net/wiki/display/gnsoicrpmpdp/Legal+Expert+Selection)
5. Next steps

MP3 Recording: http://audio.icann.org/gnso/gnso-igo-ingo-09sep15-en.mp3

Meeting Transcript: http://gnso.icann.org/en/meetings/transcript-igo-ingo-crp-access-09sep15-en.pdf

Attendees:

George Kirikos - Individual

Petter Rindforth – IPC

Phil Corwin – BC

Val Sherman - IPC

Jim Bikoff – IPC

Osvaldo Novoa - NCUC

Jay Chapman – Individual

Kathy Kleiman – NCUC

Kristine Dorrain – NAF

Paul Keating – NCUC

David Maher - RySG

Apologies:

Mason Cole – RySG

ICANN staff:

Mary Wong

Berry Cobb

Steve Chan

Nathalie Peregrine

Adobe Connect chat transcript for Wednesday, 09 September 2015:

Nathalie  Peregrine:Dear all, welcome to the  IGO-INGO Curative Rights Protection PDP WG Meeting on the 9th September 2015

  George Kirikos:Hi everyone.

  Petter Rindforth:Hi there!

  George Kirikos:Hi Petter. How are you today?

  Osvaldo Novoa:Hello

  George Kirikos:Hi Osvaldo. How's it going?

  Osvaldo Novoa:Hi George, luckily everything is fine, though the weather is a bit cold.

  George Kirikos:Glad to hear everything is fine (save for the weather).

  George Kirikos:Apple has an event at 1 pm Eastern time (1 hour from now)http://www.apple.com/apple-events/september-2015/ so we should try to finish on time.

  Petter Rindforth:Fine, as I will soon "meet" all of you all :-)

  George Kirikos:(I'm guessing many of us will want to watch it live)

  Paul Keating:Hi Phil and everyone

  George Kirikos:Welcome, Paul.

  Jay Chapman:Howdy, all

  George Kirikos:Hi Jay.

  Kristine Dorrain-NAF:Hello everyone! Pre-apologies- I need to leave in 1/2 hour for a conflicting meeting.

  George Kirikos:Nathalie has her hand up.

  George Kirikos:Oops, she took it down.

  Nathalie  Peregrine:I was wondering if a roll call was needed :) Attendance will be of course noted regardless..

  Mary Wong:Thanks, Nathalie

  Mary Wong:As far as we (staff) know, the proposal is still under discussion.

  Mary Wong:BTW it's not a staff proposal :)

  Paul Keating:Pphil, is the delay in the follow up on their end or ours?  In other words, is it that they are not making themselves available?

  Mary Wong:We assisted with subject matter advice, implementation discussions etc.

  Paul Keating:Mary, if Staff assisted why is Staff not providing the information to this WG?

  Mary Wong:Yes, input would be the best word

  Paul Keating:Phil, I request that this WG (via the Chairs) make a formal written request.  It impacts our review and thus is material in our deliverations.  If they do not respond then we can make a note of it in our final report.

  George Kirikos:Can the document be unlocked, please, so we can scroll it?

  George Kirikos:Thanks.

  Steve Chan:This is just a PDF of the WIki page.

  Philip Corwin:Taken under advisement, Paul.

  George Kirikos:Is there any possibility of joint authorship? (i.e. do any of these experts wish to work together?)

  Nathalie  Peregrine:Val Sherman has joined the call

  Mary Wong:We can put up individual bios (Steve has them all) so just let us know which candidate you want to look at.

  George Kirikos:One can see them on the web at:https://icann-community.atlassian.net/wiki/display/gnsoicrpmpdp/Legal+Expert+Selection

  Paul Keating:I would agree.  The focus should be on qualifications AND availablility.

  Paul Keating:Has ICANN worked with any of those suggested?  If so is there any feedback on their work?

  Mary Wong:I don't believe so, Paul.

  George Kirikos:Bothe Bellinger and Stewart are located in Washington, DC. If we did joint-authorship, they'd be close to each other geographically.

  George Kirikos:Bothe=Both

  George Kirikos:Feldman is in Washington DC, too.

  George Kirikos:Do we have lists of Bellinger's scholarly publications, etc?

  Mary Wong:One possible specific factor the WG might wish to consider, amongst this field of 3 very well-qualified candidates, is which of them has worked most closely with IGO immunity issues.

  George Kirikos:Nevermind, I found a list of Bellinger's publications at:http://www.arnoldporter.com/professionals.cfm?u=JohnBBellingerIII&action=view&id=5300&viewpage=publications

  Mary Wong:We also have policy staff based in DC who can help out, Phil - including Rob Hoggarth who also supports the GNSO.

  George Kirikos:Did the candidates give a time estimate for the project? i.e. someone might charge more, but deliver the report faster?

  Kristine Dorrain-NAF:Fascinating conversation, I trust the group's judgment and have to run to another meeting.  See you all next time.

  Paul Keating:is the budget an hourly budget or a total cost?

  Mary Wong:@George, Jim may be able to provide more detail about Mr Belllinger but Prof Stewart has told us he thinks it is doable within our time frame.

  Paul Keating:Look at text

  George Kirikos:What is "our time frame", Mary?

  Kathy K:I wonderf if Feldman knows the budget?  If he does not know the existing budget, perhaps he would be able to go down in price.

  Paul Keating:Mary/Steve, is the ICANN budget an houirly limit or a project limit?

  Kathy K:Given his background, this may be a job he wants to take...

  Paul Keating:Any others who provided limitations?

  George Kirikos:Thanks Phil.

  Steve Chan:@Paul, no others noted specific concerns

  Steve Chan:No

  Steve Chan:We have not worked with them before

  Mary Wong:To be complete, Mr Feldman said he would need to do additional research in order to answer Q2 & 3 in a manner that he thought helpful to us.

  George Kirikos:Dublin = Oct 18-22

  George Kirikos:However, doesn't ICANN have a policy that documents should be published several weeks before any meetings?

  Paul Keating:My Vote:  Feldman 1, Stewart 2nd

  George Kirikos:(or maybe those are just staff documents)

  Mary Wong:@George, that's generally for documents intended for community review/input, not necessarily WG documents (except of course those that require public comment).

  Paul Keating:Reasons:  Feldman would provide a more thoughtful approach (having drafted teh FISA) which is needed more than a longer professorial study whcih may not come to a conclusion

  Paul Keating:Phil, was Feldman the one who could not respond to all questions?

  Mary Wong:@Paul, yes, not without additional research

  Paul Keating:Phil, can you remind us of what Q2 and 3 were?

  Steve Chan:Q2: 2.

Are there procedural or other mechanisms which an IGO may use to escape or avoid becoming subject to judicial action brought by a domain name registrant arising from an asserted conflict between the IGO’s and the registrant’s rights?

  Steve Chan:Q3: To the best of your knowledge, how do IGOs generally handle standard commercial contractual clauses concerning submission to a particular jurisdiction or dispute resolution method?

  Paul Keating:Mary, assuming you were in agreement on fees with the expert, what is the time necessary to complete the "process" at ICANN to get them started and billing?

  George Kirikos:E-mail + FAX is always good.

  Paul Keating:Remind me of the questions 2/3 please?

  Mary Wong:@Paul, Steve put them in the chat earlier - you may need to scroll up

  Paul Keating:depends on how important the questions were.

  Paul Keating:ok t hen I defer to the group on  him.  I just think that his background in having drafted the statute is important.

  George Kirikos:Although, anyone who is hired should not focus just on US law, but other (major) jurisdictions too.

  Nathalie  Peregrine:No one left on the audio bridge who is not already in the AC room (for show of hands' sake)

  Paul Keating:I think there is a 0 cost to include him but disclose that he is well above budget and would he consider reducing it and whether he feels he cannot answer the questions (he only said that the IGOs  would be better at answering it)

  Paul Keating:The letter should be different - pls see above.

  Paul Keating:Petter, he did not say he could not respond.  He said the IGOS would be better at answering them.

  Petter Rindforth:Ok, sorry, I missed that

  Paul Keating:Paul Keating: I suggest we work on the final report.  The expert's addition will be only a part

  George Kirikos:Dropping off chat, but still on audio, as I head off to Apple Event viewing.

  Paul Keating:thank you all

  Jay Chapman:goodbye