Jay, All, Just for clarity, I am not saying that there shouldn't be a mechanism. Indeed as a member of the FoI WG I agreed with the report recommending that there should. My point is simply that work on such a mechanism is for the ccTLDs to undertake and not within the remit of the CWG and not something that must be done prior to transition since such a mechanism, would need to be created within a PDP. Please tell me if that is wrong headed of me. Cheers, Chris Disspain | Chief Executive Officer .au Domain Administration Ltd T: +61 3 8341 4111 | F: +61 3 8341 4112 E: ceo@auda.org.au | W: www.auda.org.au auDA – Australia’s Domain Name Administrator Important Notice - This email may contain information which is confidential and/or subject to legal privilege, and is intended for the use of the named addressee only. If you are not the intended recipient, you must not use, disclose or copy any part of this email. If you have received this email by mistake, please notify the sender and delete this message immediately. Please consider the environment before printing this email. On 3 Mar 2015, at 08:01 , Jay Daley <jay@nzrs.net.nz> wrote:
Eberhard
It would be very helpful if we could separate out the two different points you are making as they are getting confused.
Your first point, that only the ccTLD manager should have the ability to object/appeal/etc is well understood and there is no consensus for anything different from that. Let's keep that separate from the second point.
Your second point that you don't want an independent appeal mechanism but would rather have a mechanism to fix the board is surprising. Weren't you a member and active participant in the FOI WG that produced the report that Patricio quoted?
4.8. Note: The FOIWG believes it is consistent with RFC1591 (section 3.4) and the duty to act fairly to recognize the manager has the right to appeal a notice of revocation by the IANA Operator to an independent body.
Have you now changed your mind?
best Jay
On 3/03/2015, at 9:54 am, Dr Eberhard W Lisse <el@lisse.na> wrote:
Jay,
you might want to read up on what a tort is.
But, the point I have been trying to make in Singapore is still pertinent, if something is wrong with the Board, we need to fix the Board not add more layers which later will need fixing.
We need to go much deeper than that, we need to figure out what a ccTLD is and what the relation of a ccTLD manager to the IANA Function Manager is.
Acknowledging that an appeal mechanism of any sort has input on a ccTLD would be contrary to my position.
With regards to what is wrong with the Board, interesting what the Malaysians say now about the .ML repatriation from in-country to abroad...
There can be 252 ccTLD Managers screaming, raving and ranting, about the 253rd but it doesn't matter, only what the 253rd (incumbent) manager says is relevant for that ccTLD.
el -- Sent from Dr Lisse's iPad mini
-- Jay Daley Chief Executive NZRS Ltd desk: +64 4 931 6977 mobile: +64 21 678840 linkedin: www.linkedin.com/in/jaydaley