+1 Robin, Suzanne & James.

A couple of points on a more substantive note:

The main delay in current IRPs is the CEP and appointment of panelists. This is taking 6-12 months, the desired length of the whole process according to ICANN Bylaws. Other areas of timeline concern are the emergency relief process, the hearing process, the deliberation process, and the 'clarification' process, as explained below, taken from the ICDR rules:

Days Action

Start Claimant request (Emergency relief may also be requested)

30 Respondent (ICANN) response

X Panel constituted (taking 6-12 months)

30 Claimant reply

30 Respondent (ICANN) sur-reply

X Hearing

60 Deliberation

60 Clarification

X ICANN Board consideration

X Board Reconsideration

X CEP/IRP redux (?)

From what I can tell there does not seem to be actual agreement between ICDR and ICANN about the supplementary procedures and how and when they apply. See: https://www.icann.org/en/system/files/files/procedural-order-2-10nov14-en.pdf -- this is an indication that the group needs to be sure that what it comes up with doesn't look good on paper and then fall down in implementation.

Also, as identified in the table, the final element of an IRP is a Board action, which may or may not be up for reconsideration and IRP all over again for other reasons, effectively putting any ICANN Board decision at risk of an infinite delay.

Of note, there is a provision for an expedited IRP in the ICDR rules that takes only 60 days. There is a cap on the damages threshold but parties can jointly agree to waive the cap. No one has yet availed themselves of this. I found this a helpful read in this regard: The case against arbitration: do the doubters have a point? - http://www.lexology.com/library/detail.aspx?g=76145cb6-bb5b-4937-b6d9-8d57c855d467

Best, J.

Jacob Malthouse

Co-founder & Director, Big Room Inc.

778-960-6527

http://www.bigroom.ca/

On 9 March 2015 at 12:08, Jacob Malthouse <jacob@bigroom.ca> wrote:

Bruce, the IRP PDF is improved. We still have a long way to go.
To throw this into stark relief, here's an analogy:

Imagine you got a mortgage to build a house. Right before you start to build, a third party puts some 'hold' on your land with city council. Your building permit freezes.

You have literally no way of knowing anything about how long the process will be, if it is even justified or has standing, and all questions you ask to the Council are met with, well check this PDF we update it every so often, there's some cryptic stuff in there but even if you aren't on it you might still be on hold. There's some timelines but no one pays attention to them. Might be six months, might be four years. Might be until the sun expands to fry the earth.

Now go tell your wife.

Best. J.
On 8 March 2015 at 12:03, Robin Gross <robin@ipjustice.org> wrote:
We need to add an evaluation of the "Cooperative Engagement Process" or "CEP" - the initial or pre step to trigger an IRP on an ICANN decision. There are timing, transparency, and due process issues to consider in the CEP step an ICANN IRP.

Thanks,
Robin
On Mar 6, 2015, at 9:18 AM, Alice Munyua wrote:
Dear David

Thank you.
Re-sending and would like to add another issue regarding timely communication to all affected parties.

Best regards
Alice
Alice
Thanks - it doesn't look like your message got distributed to the group list which I think would be a good idea -
David

At 01:48 AM 3/6/2015, you wrote:
Dear David,

Thank you for this list of topics.

11. Should the IRP be provided with clear time lines for each stage
12 What provisions can be put in place for redress against the IRP provider in the event the process goes off track

Best regards
Alice Munyua
AUC

On 06/03/2015 01:19, David Post wrote:
[This is for the Independent Review subgroup: Paul Rosenzweig, David McAuley, Jonathan Zuck, Robin Gross, Chris LaHatte, me]. I don't think a separate mailing list has been set up, so I apologize to the rest of you who are working on other issues here]

I'm a little bit late to the WP2 party, but I thought, just for the purpose of kicking off our discussion, we might see if there we can generate a list of topics that we need to cover for the design of the IRP --

I'm sure there are others, but here's a starter group, picking up on some of the "issues" listed in the latest work item list and adding a few others:

1. Will the IRP be a permanent standing panel, or will it have rotating membership?
2. What is the scope of the IRB's jurisdiction - what kinds of claims can it hear?
3. What standard of review will it use to render its decisions?
4. Standing - who can bring claims to the IRP?
5. How will IRB members be nominated and appointed?
6. Term - for how long will IRP members serve? Can they be re-appointed?
7. Will there be a process for removal of IRP members?
8. Costs - who will pay IRP costs?
9. How will IRP decisions be implemented? Are they binding on the Board? Can they be overturned by the Board?
10. Should changes to the IRP process be made permanent (i.e., not subject to Board modification)? If so, how can we accomplish that?

As I said, I'm sure there are things missing or mis-stated - but I do think it would be worth trying to put a list like this together to structure our discussion as we plunge forward.
David

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David G Post - Senior Fellow, Open Technology Institute/New America Foundation
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book (Jefferson's Moose) http://tinyurl.com/c327w2n
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