In terms of monetary awards, David, is this a suggestion to reform the IRP to include monetary awards (aside from costs/fees currently allowed?). This would be inherently tied to any expansions of the types of relief that an independent panel could provide (e.g., are they declaring that there was an issue with the decision, or directing a different outcome, etc.) Sam From: <Burr>, Becky <Becky.Burr@neustar.biz<mailto:Becky.Burr@neustar.biz>> Date: Wednesday, February 11, 2015 at 3:56 PM To: David McAuley <dmcauley@verisign.com<mailto:dmcauley@verisign.com>>, "accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>" <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Subject: Re: [CCWG-ACCT] Draft WP 2 Scope, Mechanisms document Thanks David, this is helpful. I'm not opposed to binding, just not convinced it is absolutely required J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz<mailto:becky.burr@neustar.biz> / www.neustar.biz From: <McAuley>, David <dmcauley@verisign.com<mailto:dmcauley@verisign.com>> Date: Wednesday, February 11, 2015 at 3:33 PM To: Becky Burr <becky.burr@neustar.biz<mailto:becky.burr@neustar.biz>>, Accountability Community <accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org>> Subject: RE: Draft WP 2 Scope, Mechanisms document Thanks Becky, Given the fluidity of the situation, I am responding in my personal capacity in order to reply somewhat timely, not having yet had a chance to discuss this with my colleagues. Concerning substantive and procedural requirements near the top of the document, I would say that with respect to the IRP and to some extent Reconsideration Requests (RRs) it would be good to add consideration of: · Monetary award limitations (e.g., a prohibition on any money damages other than direct damages); · Some limited discovery rights (beyond the present ICANN document review policy) to interview witnesses and review documents; and · The precedential nature, or not, of IRP decisions (maybe including on RRs as well as IRPs). The one substantive thing I would like to comment on concerns the word "binding." It seems from our conversation yesterday that you might have a concern with the notion of binding independent review power. I remain of the view that the IRP (or some reviewing body) must have the power to take a decision that has teeth. At the end of the day, we are looking for a check on ICANN given the absence of NTIA. It seems clear that some entity other than ICANN should have the final (well defined and limited) power to act as a backstop. David McAuley From:accountability-cross-community-bounces@icann.org<mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Burr, Becky Sent: Tuesday, February 10, 2015 9:55 PM To: accountability-cross-community@icann.org<mailto:accountability-cross-community@icann.org> Subject: [CCWG-ACCT] Draft WP 2 Scope, Mechanisms document All, Attached is a draft scoping document for WP2. Jordan and I will be collaborating to coordinate the WP1 and WP2 scoping documents here in Singapore, so it is very much a draft at this point. Would welcome input, comments, suggestions in the meanwhile. Becky J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz<mailto:becky.burr@neustar.biz> / www.neustar.biz<http://www.neustar.biz>