Hi Rubens, I do not understand why you think it is unfeasible for an Applicant to be able to challenge the evaluator's decision. No matter how complicated is the analysis or decision, it must be subject to challenge at least under some circumstances, e.g. the evaluator did not apply the criteria correctly, or had a conflict of interest, etc. [image: Logo] Mike Rodenbaugh *Rodenbaugh Law LLC* email: mike@rodenbaugh.com phone: +1 (415) 738-8087 On Tue, Jan 28, 2025 at 12:58 PM Rubens Kuhl via SubPro-IRT < subpro-irt@icann.org> wrote:
Mike,
You can look at all the NCAP transcripts for source material beyond what’s already written in the NCAP report, to get a better idea of what is likely to happen at such an evaluation.
But in short, what you are asking is unfeasible due to the nature of the phenomenon. While this is not related to the number of devices on the Internet (currently nearing 20 billion), this is related to the number of device types (maker, model, version) and different configurations of such devices. It’s a matrix that easily gets to the millions range.
Rubens
Em 28 de jan. de 2025, à(s) 17:31, Mike Rodenbaugh via SubPro-IRT < subpro-irt@icann.org> escreveu:
Hi Gavin, thanks for clarifying. Personally I find that answer very unsatisfactory, because the impact on the applicant will be very severe, and there is no clarity at this point as to what criteria the evaluator will consider and what guidelines they will have in applying those criteria.
[image: Logo] Mike Rodenbaugh
*Rodenbaugh Law LLC*
email: mike@rodenbaugh.com phone: +1 (415) 738-8087
On Tue, Jan 28, 2025 at 9:12 AM Gavin Brown <gavin.brown@icann.org> wrote:
Hi Mike, apologies for the delay in responding.
On 17 Jan 2025, at 17:01, Mike Rodenbaugh <mike@rodenbaugh.com> wrote:
Thanks Gavin, this is much appreciated. However, my question -- "How will any decision be challenged?" was referring to the Initial Assessment. If the evaluator finds a high risk, how can that decision be challenged?
There is no challenge mechanism for individual strings, but the external evaluator will produce a report outlining its methodology and findings, which will undergo Public Comment.
Gavin.
-- Gavin Brown Principal Engineer, Global Domains & Strategy Internet Corporation for Assigned Names and Numbers (ICANN)
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