_______________________________________________Regarding the last call and the possible high level agreement on resolving Objection proceedings with mandatory PICs, it’s important to note that there is no private right of action to enforce a PIC. The current PIC Dispute Resolution procedure – PICDRP (see attached) provides for various steps to be taken in resolving the PIC complaint and if unresolved, ICANN at its SOLE discrestion, can invoke a a Staning Panel or undertake a compliance investigation.
So the points I am raising here are:
(1) Proceeding on the report of a PIC violation rests in the sole discretion of ICANN
(2) The expense of the Compliance investigation and/or Standing Panel is an expense of ICANN.
Accordingly, it may be appropriate to consider adopting a private right of action (rather than forcing the expense on ICANN) in connection with the enforcement of mandatory PICs adopted for purposes of resolving an Objection proceeding.
In fact, the PICDRP originally contained a provision allowing the enforcement issue to be taken to a third party provider. However, that draft did not survive.
Anne
Anne E. Aikman-Scalese
Of Counsel
520.629.4428 office
520.879.4725 fax
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