[NCSG-PC] Fwd: [council] [Ext] Re: Action Item: Draft Response to Questions on the Independent Review Process Oversight Team (IRP-IOT)
Elsa S
elsa.saade at gmail.com
Fri Oct 4 22:54:22 EEST 2019
Hey folks,
This is happening, and I thought I would put it on your radar. For context,
while the draft was being revisited I sent an email to the council (hoping
for a discussion) saying that I would suggest that the organizations or
entities that are listed for consultation should not have any conflict of
interest in matters that come in relation to IRPs. Staff edited the draft
and removed WIPO from the list along with one other org I believe.
Following that, Flip sent this email to the council list accordingly. I
would be happy to hear back from you about this if you have any thoughts.
Best,
Elsa
—
---------- Forwarded message ---------
From: Drazek, Keith <kdrazek at verisign.com>
Date: Fri, Oct 4, 2019 at 3:26 PM
Subject: RE: [council] [Ext] Re: Action Item: Draft Response to Questions
on the Independent Review Process Oversight Team (IRP-IOT)
To: fpetillion at petillion.law <fpetillion at petillion.law>,
julie.hedlund at icann.org <julie.hedlund at icann.org>, elsa.saade at gmail.com <
elsa.saade at gmail.com>, council at gnso.icann.org <council at gnso.icann.org>
Hi Flip,
Thanks for your email. I did not realize that there was a disagreement
within the drafting team (you and Elsa) on the point concerning the removal
of WIPO, prior to her request to remove it, and the finalization of the
comment. I will ask staff to set up a call among the leadership team and
the two of you for next week so we can try to resolve this. Please watch
for a doodle poll. We have also notified Samantha Eisner that we may need
to retract the current statement and will provide her an update next week.
Thanks,
Keith
*From:* council <council-bounces at gnso.icann.org> *On Behalf Of *Flip
Petillion
*Sent:* Friday, October 04, 2019 11:20 AM
*To:* Julie Hedlund <julie.hedlund at icann.org>; Elsa S <elsa.saade at gmail.com>;
Council at gnso.icann.org
*Subject:* [EXTERNAL] Re: [council] [Ext] Re: Action Item: Draft Response
to Questions on the Independent Review Process Oversight Team (IRP-IOT)
All:
Thank you for reviewing the proposed text and for the feedback presented.
However, I am compelled to formally object to the proposal to remove WIPO
as an expert due to a conflict of interest. To my knowledge, this conflict
has never been adequately explained or justified; nor has it been discussed
(neither with nor without the involvement of the parties concerned).
I had objected to this change before the text was submitted and that
objection went unheeded. As we are a working group of 2 and there is an
absence of consensus (in accordance with the GNSO Operating Procedures),
the appropriate course of action is for Council to discuss and determine
the disposition of the question.
So far, I have only read a vague suggestion of ‘removing those
[institutions] with conflict of interest given the nature of an IRP.’ This
is a rather serious accusation that has no apparent basis (and yet has a
material impact). I would therefore urge caution in removing a source that
is clearly a world expert in this area. Compounding the matter, I am not
aware of anyone following up on this suggestion at this point. No
organisation was identified as having a ‘conflict of interest given the
nature of an IRP.’ No explanation has been given as to the existence of an
actual conflict of interest. Furthermore, it is unclear what was meant by
‘the nature of an IRP’ in this context?
Therefore, I see no justification in removing a single dispute resolution
provider like WIPO from the list of institutions that may be consulted with
a view to preparing a standing panel. WIPO is an internationally-recognized
institution which duly reports to its Member States (its annual Assemblies
are in fact occurring this week), has neutrally and impartially operated
the UDRP (covering 45,000 cases) for more than twenty (20) years now to the
benefit of all ICANN stakeholders, which is trusted by over seventy-five
(75) national registries for their policy and case expertise, and which has
moreover led the way for ICANN in managing the LRO pre-delegation disputes
process. Furthermore, I see no basis for ICANN staff to decide unilaterally
to remove a provider from the list in a communication that is supposed to
be prepared by the GNSO Council and for which I hold leadership
responsibilities.
In order to rectify this situation, I see two options:
1. We revert back to the original text and, if necessary, have council
debate on the subject; or
2. The objection could be withdrawn.
Thank you.
Kind regards,
Flip
P.S.: That said, I would suggest an additional change: that the GNSO
Council consider removing the Permanent Court of Arbitration (PCA) from the
list, albeit for reasons unrelated to the subject above. To my knowledge,
ICANN has not previously engaged with the PCA. Asking them to assist now
may seem inappropriate unless we can provide compelling reasons to the
contrary. As far as I am aware, ICANN has not had any intention to rely on
PCA’s services, nor has it such intention for the future. During the last
council meeting, I did make this suggestion, but I am not aware of any
subsequent actions.
Flip Petillion
fpetillion at petillion.law
+32484652653
www.petillion.law
[image: signature_1434183782] <http://www.petillion.law/>
Attorneys – Advocaten - Avocats
*From: *council <council-bounces at gnso.icann.org> on behalf of Julie Hedlund
<julie.hedlund at icann.org>
*Date: *Tuesday, 1 October 2019 at 16:52
*To: *Elsa S <elsa.saade at gmail.com>, "Council at gnso.icann.org" <
council at gnso.icann.org>
*Subject: *Re: [council] [Ext] Re: Action Item: Draft Response to Questions
on the Independent Review Process Oversight Team (IRP-IOT)
Dear Elsa and Councilors,
As the deadline for comments ended yesterday, 30 September, and Elsa’s
suggestion below is the only comment received, please see the attached
final version of the response reflecting the minor change suggested by
Elsa. This response will be delivered shortly.
Kind regards,
Julie
*From: *Elsa S <elsa.saade at gmail.com>
*Date: *Wednesday, September 25, 2019 at 9:12 AM
*To: *Julie Hedlund <julie.hedlund at icann.org>
*Cc: *"Council at gnso.icann.org" <council at gnso.icann.org>
*Subject: *[Ext] Re: [council] Action Item: Draft Response to Questions on
the Independent Review Process Oversight Team (IRP-IOT)
Hi Julie,
Thanks for resending this out! I just wanted to draw attention to the
external expertise mentioned in the text, and would suggest removing those
with conflict of interest given the nature of an IRP.
Best,
Elsa
—
On Wed, Sep 25, 2019 at 8:17 AM Julie Hedlund <julie.hedlund at icann.org>
wrote:
Dear Councilors,
Per the action items below, please note in particular this one:
*Item 11: COUNCIL DISCUSSION - Draft Response to Questions on the
Independent Review Process Oversight Team (IRP-IOT)*
*Action items:*
- *Councilors* to provide input by *30 September 2019*. *Small team* to
address Councilors feedback, if applicable, and complete revised draft for
sending to ICANN org.
With respect to this item please review the attached draft response and
provide input, if any, by *Monday, 30 September 2019* according to the
actions.
Kind regards,
Julie
Julie Hedlund, Policy Director
*From: *council <council-bounces at gnso.icann.org> on behalf of Andrea
Glandon <andrea.glandon at icann.org>
*Date: *Tuesday, September 24, 2019 at 8:22 PM
*To: *"Council at gnso.icann.org" <council at gnso.icann.org>
*Cc: *"'gnso-secs at icann.org'" <gnso-secs at icann.org>
*Subject: *[council] Action Items: GNSO Council meeting 19 September 2019
Dear Councilors,
Please find the action items, as stated during the meeting, from the GNSO
Council call held on 19 September 2019.
Please ensure your wiki logins are up to date as all Action Items have been
assigned to councilors and/or staff and posted on the Action Item wiki page
here
<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_RgZlAg&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=PDd_FX3f4MVgkEIi9GHvVoUhbecsvLhgsyXrxgtbL10DTBs0i1jYiBM_uTSDzgqG&m=3-hGIGNPG_MVccHXahT9lk8qFDbuDuo_wwbRzKZZQGg&s=do3fZzjIln0Jwcx8qKogeUnOo6PFhu4TNs9Q0S7YzIs&e=>.
If you are logged into the wiki when you go to that page, your name will be
highlighted alongside the action item assigned to you. Please refer to this
page for the recent status updates on the Action items.
Please note that actions for all councilors are highlighted below.
*ACTION ITEMS FROM THE GNSO COUNCIL MEETING 19 SEP 2019*
*Item 2. Opening Remarks / Review of Projects & Action Items List*
*Action Items:*
- None
*Item 3: Consent Agenda *
*Action items:*
- None
*Item 4: COUNCIL DISCUSSION – ICANN Board referrals of CCT-RT
recommendations to GNSO Council and GNSO PDP WGs*
*Action items:*
- *Councilors *to review and send comments, if applicable, by 26
September 2019.
- *Council leadership* to subsequently draft cover letter and send
response to the ICANN Board, shortly thereafter.
*Item 5: COUNCIL DISCUSSION – Discussion of the Inter-Registrar Transfer
Policy (IRTP) Policy Status Report and Council next steps*
*Action items:*
- *Council* to convene a small focused drafting team (e.g., like the IDN
Scoping Team) to review several items, including at least the review of the
ICANN Policy Status Report, considering the possibility of policy
development mechanisms, and the form of authorization (FOA) issues.
- *ICANN Staff *to circulate call for volunteers to form small drafting
team.
*Item 6: COUNCIL DISCUSSION – Draft Amendments to the Review of All Rights
Protection Mechanisms in All gTLDs Charter to Integrate Recommendation 5
>From IGO-INGO Access to Curative Rights Protection Mechanisms Final Report*
*Action items:*
- *Small team* to address Councilors’ feedback (e.g., language about new
recommendations superseding recommendations 1-4, ensuring technical
expertise is available, and team composition) and deliver a revised draft
by 27 September for Council review. After Council approval, send to the
GAC/IGOs for their review.
*Item 7: COUNCIL DISCUSSION – ICANN Org’s Request for Clarification on Data
Accuracy and Phase-2 of the Expedited Policy Development Process (EPDP) on
the Temporary Specification for gTLD Registration Data*
*Action items:*
- *Councilors* to provide input by *7 October 2019*. *Small team* to
address Councilors’ feedback and complete revised draft for Council review
and approval for sending to ICANN org.
*Item 8: COUNCIL DISCUSSION - EPDP P1 Recommendation 27: ICANN Org’s
Assessment of Impact From GDPR on Existing Policies / Procedures*
*Action items:*
- None
*Item 9 - PDP 3.0 Small Group Update/Discussion*
*Action items:*
- *PDP 3.0* team to consider how input from outside the GNSO can be
solicited.
*Item 10: COUNCIL DISCUSSION - Draft Response to the Verisign Request to
Defer Enforcement of the Thick WHOIS Transition Policy*
*Action items:*
- *Council leadership* to send letter to ICANN Board.
*Item 11: COUNCIL DISCUSSION - Draft Response to Questions on the
Independent Review Process Oversight Team (IRP-IOT)*
*Action items:*
- *Councilors* to provide input by *30 September 2019*. *Small team* to
address Councilors feedback, if applicable, and complete revised draft for
sending to ICANN org.
*Item 12: ANY OTHER BUSINESS*
*12.1 - **Draft GNSO Council letter* [gnso.icann.org]
<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_default_files_file_field-2Dfile-2Dattach_gnso-2Dcouncil-2Dto-2Dicann-2Dboard-2D13sep19-2Den.pdf&d=DwMGaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=adDIs0WEx_lLwFfrsdovxTYY8GkRHo5ibc8SR3Npdh8&m=wzIcuBNsTyK_-aJaQlHE3GJd912842EagkY1lxr5Dys&s=i9lKVPogIFc9wMxzTAhK0c5W76B9uenIwV2XvbM6IUM&e=>*
to the ICANN Board regarding potential dependencies between the Name
Collisions Analysis Project (NCAP) and New gTLD Subsequent Procedures. *
*Action items:*
- *Council leadership* to send letter to ICANN Board.
*12.2 - Approval of the 2019 slate of Members and Liaisons on the Customer
Standing Committee (CSC) - possible email vote*
*Action items:*
- *None*
*NEW: 12.3 - Invitation to Provide Feedback on the ICANN Board’s Proposed
Public Interest Framework*
*Action items:*
- *Council* to convene a small drafting team to formulate a response to
the public comment period.
- *ICANN Staff *to circulate call for volunteers to form small drafting
team.
*Andrea Glandon*
GNSO SO/AC Support
Internet Corporation for Assigned Names and Numbers (ICANN)
*Email:* andrea.glandon at icann.org
*Skype ID:* acglandon76
Find out more about the GNSO by visiting: https://learn.icann.org/
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--
--
Elsa Saade
Consultant
Gulf Centre for Human Rights
Twitter: @Elsa_Saade
--
--
Elsa Saade
Consultant
Gulf Centre for Human Rights
Twitter: @Elsa_Saade
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