So, the PICDRP is revised. Yawn. For sure, it is a poster child for what lawyers call - often times with tongue firmly rooted in cheek - 'due process'. Regrettably and in IMMHO, it yet remains a creature that is all 'sound and fury, signifying nothing'. Yes, in the end, it is still not worth a warm bucket of spit. The fundamental problem remains; it is a high bar we raise to deny companies the right to change a business model - or approach to implementing a model - in process. That is a flightless buzzard of a bird. The notion of 'to report is to offend' remains. Now, I freely admit that as a free thinker, all orthodoxies remain suspect absent they are forced thru the crucible of reason. But this position as a conceptual framework is and remains so injurious to perceptions of good governance it is practically indecent! I have excerpted and highlighted a part of the revised procedure below. It frames what follows better than I could; it is as if ICANN had engaged a circular firing squad to execute PIC enforcement: *"1.3 .....ICANN will conduct a preliminary review of the PIC report to ensure that it is complete and states a claim of non-compliance with one or more PICs. ICANN also will make a determination as to* *PICDRP- 2* *whether the Reporter is in good standing and is not a Repeat Offender as set forth below in Section 5. * * * *ICANN’s preliminary review is not intended to evaluate the merits of the allegations, but whether the Reporter has completed all of the reporting obligations.* * * *In particular, ICANN will review whether the Reporter has: (i) identified the proper parties; (ii) identified at least one PIC with which the Registry Operator failed to comply, (iii) alleged how the Reporter has been harmed; and (iv) set forth the grounds of the claim and submitted appropriate documentation to support the report of non-compliance.* * * *1.4** If the PIC report fails the preliminary review, ICANN will notify the Reporter and the Registry Operator, and **the PIC report will be closed. * * * *2. Initial Review of the PIC Report and Conference* *2.1 If the PIC report passes ICANN’s preliminary review, ICANN will forward the report to the Registry Operator (through its Abuse Point of Contact) and notify the Reporter that the PIC report has been forwarded to the Registry Operator.*" -Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================
Now it is my turn to ++1 Carlton :-) The process is stacked to the advantage of registries, to the disadvantage of registrants who much pay for the system, and heavily against non-registrant end-users who see the promises coming undone. Most unnerving is the explicit references to "repeat offenders", which IMO is deliberately targeting potential watchdog groups that would object on public interest grounds. The process for creating PICs was shaky enough. The process for enforcing them is a sham, designed for public relations value without actually providing significant public benefit. Like Applicantg Support and the public (ALAC/Ombudsman) Objection process, they are complex in design and will see next to no use. The problems are embedded and cultural, no amount of tweaking will fix this. Does the ALAC have the courage to point out this program's utter failure to the Board? - Evan On 3 October 2013 12:14, Carlton Samuels <carlton.samuels@gmail.com> wrote:
So, the PICDRP is revised. Yawn.
For sure, it is a poster child for what lawyers call - often times with tongue firmly rooted in cheek - 'due process'. Regrettably and in IMMHO, it yet remains a creature that is all 'sound and fury, signifying nothing'. Yes, in the end, it is still not worth a warm bucket of spit.
The fundamental problem remains; it is a high bar we raise to deny companies the right to change a business model - or approach to implementing a model - in process. That is a flightless buzzard of a bird.
The notion of 'to report is to offend' remains. Now, I freely admit that as a free thinker, all orthodoxies remain suspect absent they are forced thru the crucible of reason. But this position as a conceptual framework is and remains so injurious to perceptions of good governance it is practically indecent!
I have excerpted and highlighted a part of the revised procedure below. It frames what follows better than I could; it is as if ICANN had engaged a circular firing squad to execute PIC enforcement:
*"1.3 .....ICANN will conduct a preliminary review of the PIC report to ensure that it is complete and states a claim of non-compliance with one or more PICs. ICANN also will make a determination as to* *PICDRP- 2* *whether the Reporter is in good standing and is not a Repeat Offender as set forth below in Section 5. * * * *ICANN’s preliminary review is not intended to evaluate the merits of the allegations, but whether the Reporter has completed all of the reporting obligations.* * * *In particular, ICANN will review whether the Reporter has: (i) identified the proper parties; (ii) identified at least one PIC with which the Registry Operator failed to comply, (iii) alleged how the Reporter has been harmed; and (iv) set forth the grounds of the claim and submitted appropriate documentation to support the report of non-compliance.* * * *1.4** If the PIC report fails the preliminary review, ICANN will notify the Reporter and the Registry Operator, and **the PIC report will be closed. * * * *2. Initial Review of the PIC Report and Conference* *2.1 If the PIC report passes ICANN’s preliminary review, ICANN will forward the report to the Registry Operator (through its Abuse Point of Contact) and notify the Reporter that the PIC report has been forwarded to the Registry Operator.*"
-Carlton
============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* ============================= _______________________________________________ Registrants-rights mailing list Registrants-rights@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/registrants-rights
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-- Evan Leibovitch Toronto Canada Em: evan at telly dot org Sk: evanleibovitch Tw: el56
I guess it is my turn. One of my real objections to the proposed and Sally led meeting Monday afternoon is that we were planning a third multi stakeholder forum - this time on the new gTLDs - to have a hard look at the many many issues that we have raised and finally ask is there anything that can be done. That includes PICS, it includes the metrics, it includes the totally nonsensical rulings on con/can and the singular plural issue, and the IP issues, and the issues of applicant support. In the end, it is a litany of quick fixes that have not fixed. So maybe time to say so, rather than object to each issue individually. That said, yes, the PICS were an add on, largely at the GAC request that, if people say they are going to do something, then they should do it. But enforcing it after the fact has proved - not surprisingly - very problematic. Another issue with the gTLDs gone bad. Maybe the multi stakeholder forum - if it is held - could be titled what is right with the new gTLDs. It would be a very short session. Holly On 04/10/2013, at 7:29 AM, Evan Leibovitch wrote:
Now it is my turn to ++1 Carlton :-)
The process is stacked to the advantage of registries, to the disadvantage of registrants who much pay for the system, and heavily against non-registrant end-users who see the promises coming undone.
Most unnerving is the explicit references to "repeat offenders", which IMO is deliberately targeting potential watchdog groups that would object on public interest grounds.
The process for creating PICs was shaky enough. The process for enforcing them is a sham, designed for public relations value without actually providing significant public benefit. Like Applicantg Support and the public (ALAC/Ombudsman) Objection process, they are complex in design and will see next to no use.
The problems are embedded and cultural, no amount of tweaking will fix this.
Does the ALAC have the courage to point out this program's utter failure to the Board?
- Evan
On 3 October 2013 12:14, Carlton Samuels <carlton.samuels@gmail.com> wrote:
So, the PICDRP is revised. Yawn.
For sure, it is a poster child for what lawyers call - often times with tongue firmly rooted in cheek - 'due process'. Regrettably and in IMMHO, it yet remains a creature that is all 'sound and fury, signifying nothing'. Yes, in the end, it is still not worth a warm bucket of spit.
The fundamental problem remains; it is a high bar we raise to deny companies the right to change a business model - or approach to implementing a model - in process. That is a flightless buzzard of a bird.
The notion of 'to report is to offend' remains. Now, I freely admit that as a free thinker, all orthodoxies remain suspect absent they are forced thru the crucible of reason. But this position as a conceptual framework is and remains so injurious to perceptions of good governance it is practically indecent!
I have excerpted and highlighted a part of the revised procedure below. It frames what follows better than I could; it is as if ICANN had engaged a circular firing squad to execute PIC enforcement:
*"1.3 .....ICANN will conduct a preliminary review of the PIC report to ensure that it is complete and states a claim of non-compliance with one or more PICs. ICANN also will make a determination as to* *PICDRP- 2* *whether the Reporter is in good standing and is not a Repeat Offender as set forth below in Section 5. * * * *ICANN’s preliminary review is not intended to evaluate the merits of the allegations, but whether the Reporter has completed all of the reporting obligations.* * * *In particular, ICANN will review whether the Reporter has: (i) identified the proper parties; (ii) identified at least one PIC with which the Registry Operator failed to comply, (iii) alleged how the Reporter has been harmed; and (iv) set forth the grounds of the claim and submitted appropriate documentation to support the report of non-compliance.* * * *1.4** If the PIC report fails the preliminary review, ICANN will notify the Reporter and the Registry Operator, and **the PIC report will be closed. * * * *2. Initial Review of the PIC Report and Conference* *2.1 If the PIC report passes ICANN’s preliminary review, ICANN will forward the report to the Registry Operator (through its Abuse Point of Contact) and notify the Reporter that the PIC report has been forwarded to the Registry Operator.*"
-Carlton
============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* ============================= _______________________________________________ Registrants-rights mailing list Registrants-rights@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/registrants-rights
WG Wiki: https://community.icann.org/x/vo4i
-- Evan Leibovitch Toronto Canada
Em: evan at telly dot org Sk: evanleibovitch Tw: el56 _______________________________________________ Registrants-rights mailing list Registrants-rights@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/registrants-rights
WG Wiki: https://community.icann.org/x/vo4i
Make that +2. Further the "Public Interest Commitments Dispute Resolution Procedure" makes no provision for genuine "public interest" groups to invoke it.
1. Notification Requirement and Preliminary Review
1.1 Any person or entity that believes they have been harmed as a result of a Registry Operator’s act or omission in connection with the operation of its gTLD that is inconsistent with its PICs may report such alleged non-compliance by the Registry Operator (“Reporter”).
and
1.3: ... (iii) alleged how the Reporter has been harmed;
The harm must be personal and must have happened already. Interestingly these two issues were pointed out in the earlier comment period. I guess this proposal is at odds with it's very title. Derek On 2013-10-03 11:29 PM, Evan Leibovitch wrote:
Now it is my turn to ++1 Carlton :-)
The process is stacked to the advantage of registries, to the disadvantage of registrants who much pay for the system, and heavily against non-registrant end-users who see the promises coming undone.
Most unnerving is the explicit references to "repeat offenders", which IMO is deliberately targeting potential watchdog groups that would object on public interest grounds.
The process for creating PICs was shaky enough. The process for enforcing them is a sham, designed for public relations value without actually providing significant public benefit. Like Applicantg Support and the public (ALAC/Ombudsman) Objection process, they are complex in design and will see next to no use.
The problems are embedded and cultural, no amount of tweaking will fix this.
Does the ALAC have the courage to point out this program's utter failure to the Board?
- Evan
On 3 October 2013 12:14, Carlton Samuels <carlton.samuels@gmail.com> wrote:
So, the PICDRP is revised. Yawn.
For sure, it is a poster child for what lawyers call - often times with tongue firmly rooted in cheek - 'due process'. Regrettably and in IMMHO, it yet remains a creature that is all 'sound and fury, signifying nothing'. Yes, in the end, it is still not worth a warm bucket of spit.
The fundamental problem remains; it is a high bar we raise to deny companies the right to change a business model - or approach to implementing a model - in process. That is a flightless buzzard of a bird.
The notion of 'to report is to offend' remains. Now, I freely admit that as a free thinker, all orthodoxies remain suspect absent they are forced thru the crucible of reason. But this position as a conceptual framework is and remains so injurious to perceptions of good governance it is practically indecent!
I have excerpted and highlighted a part of the revised procedure below. It frames what follows better than I could; it is as if ICANN had engaged a circular firing squad to execute PIC enforcement:
*"1.3 .....ICANN will conduct a preliminary review of the PIC report to ensure that it is complete and states a claim of non-compliance with one or more PICs. ICANN also will make a determination as to* *PICDRP- 2* *whether the Reporter is in good standing and is not a Repeat Offender as set forth below in Section 5. * * * *ICANN’s preliminary review is not intended to evaluate the merits of the allegations, but whether the Reporter has completed all of the reporting obligations.* * * *In particular, ICANN will review whether the Reporter has: (i) identified the proper parties; (ii) identified at least one PIC with which the Registry Operator failed to comply, (iii) alleged how the Reporter has been harmed; and (iv) set forth the grounds of the claim and submitted appropriate documentation to support the report of non-compliance.* * * *1.4** If the PIC report fails the preliminary review, ICANN will notify the Reporter and the Registry Operator, and **the PIC report will be closed. * * * *2. Initial Review of the PIC Report and Conference* *2.1 If the PIC report passes ICANN’s preliminary review, ICANN will forward the report to the Registry Operator (through its Abuse Point of Contact) and notify the Reporter that the PIC report has been forwarded to the Registry Operator.*"
-Carlton
============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* ============================= _______________________________________________ Registrants-rights mailing list Registrants-rights@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/registrants-rights
WG Wiki: https://community.icann.org/x/vo4i
participants (4)
-
Carlton Samuels -
Derek Smythe -
Evan Leibovitch -
Holly Raiche