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).**

Transcript

Recording

• 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

Agenda

1.  Welcome and organizational issues (meeting times, frequency, working methodology)

2.  Update on bylaws draft

3.  Research and resources

Notes

Notes:

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.

(12 participants.)

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

Chat Transcript

  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