Response to Question about CPE and Application Comments
Hello all, During the 31 October IRT session on CPE, a question was raised regarding ICANN org’s processes and procedures in instances where an application may receive a comment that presents evidence or claims that an applicant provided misleading information in relation to their community string. The Community Input AGB draft language<https://community.icann.org/display/SPIR/1.+Working+Documents?preview=/31549...> (based on Topic 28: Role of Application Comment) provides more clarity as to how and when a comment can be submitted: * Paragraph 3 in Section 1.1 states: “A single application comment period applies to all applications, including community-based applications. To the extent that third parties submit comments relating to a community-based application, these comments must be submitted before the end of the comment period if they are to be considered during Community Priority Evaluation.” * Section 1.4 states: “Evaluators will review the comments and responses relating to the application(s) they will evaluate; only the comments and responses received during the time periods described above in section [cross-reference 1.3] will be considered by the evaluation panels. For more information relating to application comments in the evaluation process and Community Priority Evaluation, please refer to sections [cross-reference evaluation] and [cross-reference CPE] respectively.” * Paragraphs 1 and 2 in Section 1.5: “Application comments have a very limited role in the dispute-resolution process. A distinction should be made between application comments, which may be relevant to ICANN’s task of determining whether applications meet the established criteria, and objections, which are a separate process. Comments related to any of the four objection grounds, or about an objection that has been filed, will be for a dispute resolution panel, not ICANN, to consider.” Best, Michael
Dear Michael, Thank you for following up with the question that I raised. Please allow me to correct the phrasing of my question for better understanding and resolution. The question is: What are ICANN org’s processes and procedures in instances where an application may receive a comment that presents evidence or claims that an applicant provided misleading information in relation to their application. The question applies to any string, not just community string and certainly, not just for the purposes of CPE. Kind regards, Justine On Thu, 14 Nov 2024 at 15:30, Michael Karakash via SubPro-IRT < subpro-irt@icann.org> wrote:
Hello all,
During the 31 October IRT session on CPE, a question was raised regarding ICANN org’s processes and procedures in instances where an application may receive a comment that presents evidence or claims that an applicant provided misleading information in relation to their community string.
The Community Input AGB draft language <https://community.icann.org/display/SPIR/1.+Working+Documents?preview=/31549...> (based on Topic 28: Role of Application Comment) provides more clarity as to how and when a comment can be submitted:
- *Paragraph 3 in Section 1.1 states:* “A single application comment period applies to all applications, including community-based applications. To the extent that third parties submit comments relating to a community-based application, these comments must be submitted before the end of the comment period if they are to be considered during Community Priority Evaluation.”
- *Section 1.4 states:* “Evaluators will review the comments and responses relating to the application(s) they will evaluate; only the comments and responses received during the time periods described above in section* [cross-reference 1.3] *will be considered by the evaluation panels. For more information relating to application comments in the evaluation process and Community Priority Evaluation, please refer to sections* [cross-reference evaluation] *and *[cross-reference CPE] * respectively.”
- *Paragraphs 1 and 2 in Section 1.5:* “Application comments have a very limited role in the dispute-resolution process. A distinction should be made between application comments, which may be relevant to ICANN’s task of determining whether applications meet the established criteria, and objections, which are a separate process.
Comments related to any of the four objection grounds, or about an objection that has been filed, will be for a dispute resolution panel, not ICANN, to consider.”
Best,
Michael
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Hi Justine, Apologies for the slight delay in response. Regarding your question, any comments received during the comment period are considered by the panel as part of their evaluation process. Beyond this, the procedure allows the panel discretion in how they take these comments into account. Please feel free to reach out if you have any further questions or need additional clarification. Best, Michael From: Justine Chew <justine.chew.icann@gmail.com> Date: Sunday, November 24, 2024 at 11:48 PM To: Michael Karakash <michael.karakash@icann.org> Cc: "subpro-irt@icann.org" <subpro-irt@icann.org> Subject: [Ext] Re: [SubPro-IRT] Response to Question about CPE and Application Comments Dear Michael, Thank you for following up with the question that I raised. Please allow me to correct the phrasing of my question for better understanding and resolution. The question is: What are ICANN org’s processes and procedures in instances where an application may receive a comment that presents evidence or claims that an applicant provided misleading information in relation to their application. The question applies to any string, not just community string and certainly, not just for the purposes of CPE. Kind regards, Justine On Thu, 14 Nov 2024 at 15:30, Michael Karakash via SubPro-IRT <subpro-irt@icann.org<mailto:subpro-irt@icann.org>> wrote: Hello all, During the 31 October IRT session on CPE, a question was raised regarding ICANN org’s processes and procedures in instances where an application may receive a comment that presents evidence or claims that an applicant provided misleading information in relation to their community string. The Community Input AGB draft language<https://community.icann.org/display/SPIR/1.+Working+Documents?preview=/31549...> (based on Topic 28: Role of Application Comment) provides more clarity as to how and when a comment can be submitted: * Paragraph 3 in Section 1.1 states: “A single application comment period applies to all applications, including community-based applications. To the extent that third parties submit comments relating to a community-based application, these comments must be submitted before the end of the comment period if they are to be considered during Community Priority Evaluation.” * Section 1.4 states: “Evaluators will review the comments and responses relating to the application(s) they will evaluate; only the comments and responses received during the time periods described above in section [cross-reference 1.3] will be considered by the evaluation panels. For more information relating to application comments in the evaluation process and Community Priority Evaluation, please refer to sections [cross-reference evaluation] and [cross-reference CPE] respectively.” * Paragraphs 1 and 2 in Section 1.5: “Application comments have a very limited role in the dispute-resolution process. A distinction should be made between application comments, which may be relevant to ICANN’s task of determining whether applications meet the established criteria, and objections, which are a separate process. Comments related to any of the four objection grounds, or about an objection that has been filed, will be for a dispute resolution panel, not ICANN, to consider.” Best, Michael _______________________________________________ SubPro-IRT mailing list -- subpro-irt@icann.org<mailto:subpro-irt@icann.org> To unsubscribe send an email to subpro-irt-leave@icann.org<mailto:subpro-irt-leave@icann.org> _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy) and the website Terms of Service (https://www.icann.org/privacy/tos). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.
participants (2)
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Justine Chew -
Michael Karakash