Dear All, Variety of issued are put on the table from early warning to a Veto by government to dismissal of the Board and finally need or otherwise of IRP. To many issues in one shot? Difficult to analyse? Regards Kavousd Sent from my iPhone
On 17 Feb 2016, at 11:11, Malcolm Hutty <malcolm@linx.net> wrote:
On 17/02/2016 01:28, Bruce Tonkin wrote: Our view is that past cases relating to disagreement on GAC advice have been focussed on concerns that ICANN is exceeding its mission or is not following its processes.
What has happened in the past is not necessarily the boundary of everything that might foreseeably happen in the future.
Consider the scenario of the following hypothetical GAC advice: "Where an Early Warning has been received, processing of the Application shall be suspended until such time as the Early Warning is withdrawn".
Implementation of such a rule would give each and every government an independent veto on new gTLDs. This might be said to be transformative. I am sure it is not what the NTIA has in mind. Perhaps it might even be sufficient that the community might wish to insist it is not adopted.
I cannot see that the IRP provides a route for preventing the Board from accepting and implementing such advice.
If one community wished to propose dismissing the Board for vesting such a veto power in governments, should the GAC get to participate in that decision? I think the logic of Becky's compromise carve-out is that it should not.
More generally, I cannot see why the community would ever wish to dismiss the Board having won an IRP case, unless it be because the Board disregarded or defied the IRP ruling. If the community won an IRP and it was accepted, it would have had sufficient remedy.
Board dismissal exists to cover cases that are not susceptible to IRP determination, either because the rules are inadequate, or because the complaint is simply non-justiciable in character.
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