Makes sense to me. But the question is if the GAC would be satisfied. Carlos On October 21, 2018 5:30:24 PM GMT+02:00, "McGrady, Paul D." <PMcGrady@winston.com> wrote:
Fellow Councilors,
Please see Phil's email below. It does raise the issue of whether or not we must refer Recommendation 5 to Phase 2 of the RPM PDP or whether we can just say "that is out of scope, so we are not advancing it" and just let it die where it is. There is a certain amount of cleanliness in letting it die rather than breathing new life into it by sending it to Phase 2/RPM.
Best, Paul
From: Corwin, Philip <pcorwin@verisign.com> Sent: Sunday, October 21, 2018 9:52 AM To: McGrady, Paul D. <PMcGrady@winston.com> Cc: kathy@kathykleiman.com; brian.beckham@wipo.int; julie.hedlund@icann.org; ariel.liang@icann.org; mary.wong@icann.org Subject: RE: [council] Consideration of options for Curative Rights Importance: High
Paul:
I would hope you would pass this PERSONAL comment along to Council.
As a former co-chair of the IGP CRP WG I am excruciatingly aware of the complexities of the subject of IGO immunity, and sovereign immunity generally, in relationship to the UDRP. I am therefore concerned that kicking this issue to the RPM WG would introduce a new, complex, and divisive matter that might significantly delay if not derail our Phase 2 UDRP work. This could be for us what WT5 has become for SubPro, as GAC and IGO members will likely wish to participate.
At a minimum, WG members would need to review, discuss, and understand the 25-page legal memo prepared on the interrelationship of IGO immunity and the UDRP prepared by Prof. Edward Swaine for the IGO CRP WG.
Therefore, I would ask that Council not act in haste and give extended consideration to these concerns before asking that the RPM WG re-litigate an issue that consumed four years for the IGO CRP WG (one of which, admittedly, was for preparation and publication of the Swaine memo). This issue involves a fundamental conflict between the right of a domain registrant to seek judicial review in a court of mutual jurisdiction, and the scope of an IGO's immunity from judicial process (which can vary between jurisdictions). There is no easy answer to this conflict, and no resolution possible at all absent some mutual degree of compromise.
Thank you,
Philip
Philip S. Corwin
Policy Counsel
VeriSign, Inc.
12061 Bluemont Way
Reston, VA 20190
703-948-4648/Direct
571-342-7489/Cell
"Luck is the residue of design" -- Branch Rickey
-----Original Message----- From: council [mailto:council-bounces@gnso.icann.org] On Behalf Of McGrady, Paul D. Sent: Sunday, October 21, 2018 9:53 AM To: Rubens Kuhl <rubensk@nic.br<mailto:rubensk@nic.br>>; GNSO Council List <council@gnso.icann.org<mailto:council@gnso.icann.org>> Subject: [EXTERNAL] Re: [council] Consideration of options for Curative Rights
Thanks Rubens. I understand that while we haven't done that sort of thing before, there is nothing prohibiting it. Seems like a sensible way forward to me...
Best,
Paul
-----Original Message-----
From: council <council-bounces@gnso.icann.org<mailto:council-bounces@gnso.icann.org>> On Behalf Of Rubens Kuhl
Sent: Sunday, October 21, 2018 8:42 AM
To: GNSO Council List <council@gnso.icann.org<mailto:council@gnso.icann.org>>
Subject: [council] Consideration of options for Curative Rights
Fellow Council members,
I wonder if it's an option for the Council to accept recommendations #1 to #4 of the final report, and refer recommendation #5 to the RPM PDP, since there are concerns of that being or not in the WG charter / scope ?
Rubens
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