David, Agree with your comments. Thank you for flagging for us what in the proposal(s) indicate a significant change from existing processes that have been long been working well. regards Robert
On Jan 15, 2015, at 9:01 PM, David Conrad <david.conrad@icann.org> wrote:
Chuck,
In the cases of gTLDs, I think an appeals mechanism regarding delegations, re-delegations or root zone Whois changes could be handled outside of the certification process if there is one. For example, in the case of gTLDs, the decision to delegate a gTLD is made before IANA gets involved and IANA isn’t involved in that decision. See my comments in the Google Doc that Avri initiated.
Right. However, the area I was asking about was the implication of:
"There may also be a need for an injunction-like mechanism to defer the change in question during the appeal process."
The current process does not have a mechanism by which anyone other than the requester, ICANN, NTIA, and Verisign can "defer the change" (or even know it is in process) once lodged. More generically, the statement:
"An independent review panel must be set up to deal with contested changes to the Root Zone or its WHOIS Database."
implies a significant change to the way the IANA Names function is performed. Today, if a change lodged with the IANA Names function is contested, IANA staff will not move forward with the change and instead will request the contesting parties come to a consensus on the change. While not wanting to be again accused of trying to influence outcomes, I'll admit I don't think changing this policy (which has been in place since Postel days) would be prudent.
Regards, -drc
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