Paul, I think you could use this language in the AGB, but I would change the last sentence to “When conducting such Limited Research, panelists are cautioned not to assume an advocacy role either for or against such community status.” I think “especially aware” is tough to measure and “evidence which a party should have included in its filings” is impossible to judge. I am mindful of the fact that these determinations will now be subject to appeal and that we are laying groundwork for an appeal with this language, e.g. appeal on the grounds that the panelist acted as an advocate in conducting independent research. Do you intend to set up grounds for appeal with your proposal? Should we be avoiding those grounds and stick to the substance of the community priority decision as demonstrated via objective evidence/research rather than setting up grounds based on a charge of improper conduct on the part of the evaluator? Thank you, Anne From: McGrady, Paul D. <PMcGrady@taftlaw.com> Sent: Friday, April 24, 2020 12:10 PM To: Aikman-Scalese, Anne <AAikman@lrrc.com>; gnso-newgtld-wg@icann.org Cc: Jeff Neuman <jeff.neuman@comlaude.com>; Cheryl Langdon-Orr (cheryl@hovtek.com.au) <cheryl@hovtek.com.au>; Kathy Kleiman <kathy@kathykleiman.com>; Jamie Baxter (jamie@dotgay.com) <jamie@dotgay.com> Subject: RE: Community Applications - Independent Research by panelist standards [EXTERNAL] ________________________________ Thanks Anne. I think your language is a good start to a compromise. The concern is both knowing what the panelist is looking at and relying on as well as making sure that panelists don’t slip into an advocacy role s/he believes that a particular party is not being very well represented. Even the best of us are vulnerable to confirmation bias from time to time. How about: “deemed necessary to verify the community status of the applicant (the “Limited Research”), provided, however, that the evaluator shall disclose the results of such Limited Research to the applicant and the applicant shall be provided 30 days to respond to such research before the evaluation decision is rendered. When conducting any such Limited Research, panelists must be especially aware not assume an advocacy role, such as searching for evidence which a party should have already included in its filings.” Thanks in advance for your thoughts. Best, Paul To opt in to Taft's daily updates on COVID-19, please subscribe here<https://www.taftlaw.com/general/subscribe>. For news and advice on coronavirus-related implications, please review our Resource Toolkit<https://www.taftlaw.com/general/coronavirus-covid-19-resource-toolkit> anytime. This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. 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From: Aikman-Scalese, Anne <AAikman@lrrc.com<mailto:AAikman@lrrc.com>> Sent: Tuesday, April 21, 2020 9:34 AM To: gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org>; McGrady, Paul D. <PMcGrady@taftlaw.com<mailto:PMcGrady@taftlaw.com>> Cc: Jeff Neuman <jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com>>; Cheryl Langdon-Orr (cheryl@hovtek.com.au<mailto:cheryl@hovtek.com.au>) <cheryl@hovtek.com.au<mailto:cheryl@hovtek.com.au>>; McGrady, Paul D. <PMcGrady@taftlaw.com<mailto:PMcGrady@taftlaw.com>>; Kathy Kleiman <kathy@kathykleiman.com<mailto:kathy@kathykleiman.com>>; Jamie Baxter (jamie@dotgay.com<mailto:jamie@dotgay.com>) <jamie@dotgay.com<mailto:jamie@dotgay.com>> Subject: RE: Community Applications - Independent Research by panelist standards Paul, You wanted to start a small group on this topic, but we have not heard from you as to a counter-proposal. Jamie and Kathy are copied. Thank you, Anne From: Aikman-Scalese, Anne Sent: Monday, March 30, 2020 7:52 AM To: gnso-newgtld-wg@icann.org<mailto:gnso-newgtld-wg@icann.org> Cc: 'Jeff Neuman' <jeff.neuman@comlaude.com<mailto:jeff.neuman@comlaude.com>>; Cheryl Langdon-Orr (cheryl@hovtek.com.au<mailto:cheryl@hovtek.com.au>) <cheryl@hovtek.com.au<mailto:cheryl@hovtek.com.au>>; McGrady, Paul D. <PMcGrady@taftlaw.com<mailto:PMcGrady@taftlaw.com>>; 'Kathy Kleiman' <kathy@kathykleiman.com<mailto:kathy@kathykleiman.com>>; Jamie Baxter (jamie@dotgay.com<mailto:jamie@dotgay.com>) <jamie@dotgay.com<mailto:jamie@dotgay.com>> Subject: Community Applications - Independent Research by panelist standards Dear WG, In light of the short time frame, I am proposing language re the standard for Community Evaluation panelist relying on independent research (proposed limitation from 2012 by Kristine Dorrain and Paul McGrady) as follows: “deemed necessary to verify the community status of the applicant, provided, however, that the evaluator shall disclose such independent research to the applicant and the applicant shall be provided 30 days to respond to such research before the evaluation decision is rendered.” Just trying to get the ball rolling on this proposed compromise – noting that a lack of consensus results in a fallback to 2012 implementation. In addition, I think I have missed the proposed revisions to the Community Guidelines for scoring. Jeff, was this sent around again? Thank you, Anne Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image005.png@01D61A40.B3BE7180] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> [cid:image006.jpg@01D61A40.B3BE7180] Because what matters to you, matters to us.™ ________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. 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Dear Paul, “Even the best of us are vulnerable to confirmation bias from time to time.” Yap. And while the current text version is targeting information provided by the applicant we should be cognizant that the “competition” might try to front load the panelist as well: By submitting to him their own little playbook of sorts. This happened in the case of the .gay application: and seemingly it impacted the reasoning of the panelist a lot. Thanks, Alexander From: Gnso-newgtld-wg [mailto:gnso-newgtld-wg-bounces@icann.org] On Behalf Of McGrady, Paul D. Sent: Friday, April 24, 2020 10:10 PM To: Aikman-Scalese, Anne <AAikman@lrrc.com>; gnso-newgtld-wg@icann.org Cc: Cheryl Langdon-Orr (cheryl@hovtek.com.au) <cheryl@hovtek.com.au>; Jamie Baxter (jamie@dotgay.com) <jamie@dotgay.com> Subject: Re: [Gnso-newgtld-wg] Community Applications - Independent Research by panelist standards Thanks Anne. I think your language is a good start to a compromise. The concern is both knowing what the panelist is looking at and relying on as well as making sure that panelists don’t slip into an advocacy role s/he believes that a particular party is not being very well represented. Even the best of us are vulnerable to confirmation bias from time to time. How about: “deemed necessary to verify the community status of the applicant (the “Limited Research”), provided, however, that the evaluator shall disclose the results of such Limited Research to the applicant and the applicant shall be provided 30 days to respond to such research before the evaluation decision is rendered. When conducting any such Limited Research, panelists must be especially aware not assume an advocacy role, such as searching for evidence which a party should have already included in its filings.” Thanks in advance for your thoughts. Best, Paul To opt in to Taft's daily updates on COVID-19, please subscribe here. For news and advice on coronavirus-related implications, please review our Resource Toolkit anytime. This message may contain information that is attorney-client privileged, attorney work product or otherwise confidential. If you are not an intended recipient, use and disclosure of this message are prohibited. If you received this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. From: Aikman-Scalese, Anne <AAikman@lrrc.com> Sent: Tuesday, April 21, 2020 9:34 AM To: gnso-newgtld-wg@icann.org; McGrady, Paul D. <PMcGrady@taftlaw.com> Cc: Jeff Neuman <jeff.neuman@comlaude.com>; Cheryl Langdon-Orr (cheryl@hovtek.com.au) <cheryl@hovtek.com.au>; McGrady, Paul D. <PMcGrady@taftlaw.com>; Kathy Kleiman <kathy@kathykleiman.com>; Jamie Baxter (jamie@dotgay.com) <jamie@dotgay.com> Subject: RE: Community Applications - Independent Research by panelist standards Paul, You wanted to start a small group on this topic, but we have not heard from you as to a counter-proposal. Jamie and Kathy are copied. Thank you, Anne From: Aikman-Scalese, Anne Sent: Monday, March 30, 2020 7:52 AM To: gnso-newgtld-wg@icann.org Cc: 'Jeff Neuman' <jeff.neuman@comlaude.com>; Cheryl Langdon-Orr (cheryl@hovtek.com.au) <cheryl@hovtek.com.au>; McGrady, Paul D. <PMcGrady@taftlaw.com>; 'Kathy Kleiman' <kathy@kathykleiman.com>; Jamie Baxter (jamie@dotgay.com) <jamie@dotgay.com> Subject: Community Applications - Independent Research by panelist standards Dear WG, In light of the short time frame, I am proposing language re the standard for Community Evaluation panelist relying on independent research (proposed limitation from 2012 by Kristine Dorrain and Paul McGrady) as follows: “deemed necessary to verify the community status of the applicant, provided, however, that the evaluator shall disclose such independent research to the applicant and the applicant shall be provided 30 days to respond to such research before the evaluation decision is rendered.” Just trying to get the ball rolling on this proposed compromise – noting that a lack of consensus results in a fallback to 2012 implementation. In addition, I think I have missed the proposed revisions to the Community Guidelines for scoring. Jeff, was this sent around again? Thank you, Anne Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com _____________________________ Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 2000 Tucson, Arizona 85701-1611 lrrc.com Because what matters to you, matters to us.™ ________________________________________ This message and any attachments are intended only for the use of the individual or entity to which they are addressed. If the reader of this message or an attachment is not the intended recipient or the employee or agent responsible for delivering the message or attachment to the intended recipient you are hereby notified that any dissemination, distribution or copying of this message or any attachment is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the sender. The information transmitted in this message and any attachments may be privileged, is intended only for the personal and confidential use of the intended recipients, and is covered by the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.