On 17 Mar 2015, at 16:58, Robin Gross <robin@ipjustice.org> wrote:
6. Accessibility
Extend the time deadline for filing a Reconsideration Request to 30 days. Currently, the deadline for filing is (generally) 15 days from when decision/action is taken and posted or when one can reasonably conclude action/decision will not happen.
I would suggest extending the starting point from when the decision is posted to when the applicant becomes aware of it. If a non-contracted party is impacted by an ICANN policy and wishes to challenge it, for example on the grounds that the policy is ultra vires, they may not experience the impact, and so not become aware of the policy harming them, until a considerable period of time later. This should not preclude the possibility of remedy. I would say the same with regard to IRP; also, with IRP, given the considerable costs involved, 30 days is much too short as well. I remember one Reconsideration Request prepared recently, I think by the Business Constituency, on which my constituency was invited to sign on (subsequently withdrawn or stayed when the Board agreed to look at the issue voluntarily). Due to the tight deadline there was no opportunity to discuss and amend their draft, an opportunity my constituency would have wanted; this could have meant what was filed was less useful to everyone, including the Board. So I support an extension based on that experience. Would 30 days have made a difference? Perhaps, but perhaps 30 days is still too short.