Dear Robin, all,

Thank you for this useful feedback. Just picking up on the discussion regarding what is redress vs review, I suggest to also have a look at the draft definition document to ensure we all use the same baseline definition for these words.

Of course, it is still time to propose edits to the proposed definitions (clearly they could be improved), but we should endeavour to close this discussion by Frankfurt, so I'd appreciate your confirmation or proposed edits.

I paste the definitions below, as they currently stand.

Best
Mathieu

a.      Review mechanisms

The group considers review mechanisms to be mechanisms that assess the performance and relevance of processes or structures, and provide recommendations (binding or not binding) [MW1] for improvement.

Examples include:

-          Periodic structural reviews of SOs and ACs (as currently mandated in the ICANN Bylaws)

-          AoC-mandated ICANN organizational reviews for Accountability and Transparency; Security, Stability, and Resiliency; WHOIS; and Competition and Consumer Trust.

 

b.      Redress mechanisms

The group defines redress mechanisms as mechanisms that focus on assessing the compliance or relevance of a certain decision, and can conclude to its confirmation, cancellation or amendment. The output of such mechanism shall be binding.

Examples include:

-          Independent Review (if it is considered to be binding)

-          State of California or jurisdictions where ICANN has a presence Court decisions

 [MW1]Should we keep that ?



Le 15/01/2015 02:11, Robin Gross a écrit :
1.  I think some of the mechanisms that are labeled "redress" are actually "review".  See the definitions below, but basically, since mechanisms like ReconRequest and IRP and the Ombudsman are only making recommendations to the board to change its mind on a decision, and have no authority to set aside a decision on their own, they more appropriately categorized as "review" mechanisms (and not redress).

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Mathieu WEILL
AFNIC - directeur général
Tél: +33 1 39 30 83 06
mathieu.weill@afnic.fr
Twitter : @mathieuweill
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