[ALAC] New draft on Public Interest Commitment Dispute Resolution Procedure

[Olivier MJ Crepin-Leblond]

Dear Rinalia,

thank you for flagging this and monitoring it. It is clear that if the
draft remains as is to become policy, it is unacceptable. I have
actually touched on this in my meeting with Compliance in the Los
Angeles ICANN offices in August.


On 28/08/2013 03:40, Rinalia Abdul Rahim wrote:
> *What is interesting:*
> 1. Third parties cannot report/file PIC violation (the entity that
> files/reports  has to demonstrate that it has been harmed).

I told Compliance this was unacceptable.
> 2. No mention of fees for filing violation.  Also, unclear who will bear
> the cost burden when panel is constituted to render judgement.  ICANN tends
> to pass on this type of cost burden to the parties.
At this stage, nobody could give me an answer on this.
> 3. Burden is on the violation filer/"reporter" to make a thorough and
> complete filing of objection and to make itself available for a
> "conference" or consultation.  If filings are incomplete or the reporter
> doesn't show for the conference, case is dropped.
I told Compliance this was unacceptable.
> 4. Reporter can be designated as "Repeat Offender" based on track record,
> which can be counted against it in future case filings and consideration.
I told Compliance that they had no legal basis to be able to do this. It
is outside their mandate to "ban" someone from a system since the only
parties they can "ban" are parties they have a contract with.
If they do restrict use of the tools with Acceptable Use Policies they
will need to demonstrate that these tools do no restrict the ICANN
Public Interest mission.

The ALAC filed a Statement about this in April 2013:
https://community.icann.org/x/pJlwAg
Clearly, the current draft does not appear to have taken the ICANN
Statement in account. Oje cannot fault the ICANN Staff summary of
comments which was, it appears, well executed:
http://forum.icann.org/lists/comments-draft-picdrp-15mar13/msg00010.html

So how did things remain as they were circulated by ICANN Staff to
Registries?

Kind regards,

Olivier