Hi, Holly. We missed you and Sala during the call. We didn't have sufficient time to discuss the BA-related events in the ALAC call. I have a backlog of things to do before I can get to the multistakeholder policy roundtable. Will touch base with Olivier and come back with thoughts. Best regards, Rinalia On Wed, Aug 28, 2013 at 7:30 PM, <h.raiche@internode.on.net> wrote:
Hi Rinalia - and everyone
In the ALAC meeting, did you manage to discuss the schedule for the BA meeting? I am hoping that we will continue with a Multi Stakeholder Forum - the two we have had have been really popular and successful (with deep congratulations to Rinalia). For BA, while I suggested that it would be a good time to look at EWG, it would be an even better time to look at the gTLD processes (or lack thereof) and - at this late stage - see what can still be rescued. I hope this idea was discussed and adopted
Holly
On Wed 28/08/13 5:24 PM , Rinalia Abdul Rahim rinalia.abdulrahim@gmail.com sent: The logical guess would be because the text is being negotiated by the parties, Olivier. Alan may know more.
Rinalia On Aug 28, 2013 3:47 PM, "Olivier MJ Crepin-Leblond" wrote:
Dear Rinalia,
thank you for flagging this and monitoring it. It is clear that if the draft remains as is to become policy, it is unacceptable. I have actually touched on this in my meeting with Compliance in the Los Angeles ICANN offices in August.
On 28/08/2013 03:40, Rinalia Abdul Rahim wrote:
*What is interesting:* 1. Third parties cannot report/file PIC violation (the entity that files/reports has to demonstrate that it has been harmed).
I told Compliance this was unacceptable.
2. No mention of fees for filing violation. Also, unclear who will bear the cost burden when panel is constituted to render judgement. ICANN tends to pass on this type of cost burden to the parties. At this stage, nobody could give me an answer on this. 3. Burden is on the violation filer/"reporter" to make a thorough and complete filing of objection and to make itself available for a "conference" or consultation. If filings are incomplete or the reporter doesn't show for the conference, case is dropped. I told Compliance this was unacceptable. 4. Reporter can be designated as "Repeat Offender" based on track record, which can be counted against it in future case filings and consideration. I told Compliance that they had no legal basis to be able to do this. It is outside their mandate to "ban" someone from a system since the only parties they can "ban" are parties they have a contract with. If they do restrict use of the tools with Acceptable Use Policies they will need to demonstrate that these tools do no restrict the ICANN Public Interest mission.
The ALAC filed a Statement about this in April 2013: https://community.icann.org/x/pJlwAg [2] Clearly, the current draft does not appear to have taken the ICANN Statement in account. Oje cannot fault the ICANN Staff summary of comments which was, it appears, well executed:
http://forum.icann.org/lists/comments-draft-picdrp-15mar13/msg00010.html [3]
So how did things remain as they were circulated by ICANN Staff to Registries?
Kind regards,
Olivier
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