[ALAC] Compliance PIC enforcement

[Alan Greenberg]

At the meeting between Compliance and ALAC on Sunday, Maguy reported 
that there is a form on the ICANN web site for reporting alleged PIC 
violations.

At the public compliance session today, it became clear that this 
form was related to the PICDRP 
(http://newgtlds.icann.org/en/applicants/agb/picdrp-19dec13-en.pdf).

The PICDRP is ostensibly applicable only if the complainant can claim 
it has been harmed by the alleged non-compliance.

To quote: "1.1 Any person or entity that believes they have been 
harmed as a result of a Registry Operator's act or omission in 
connection with the operation of its gTLD that is non-compliant with 
its PICs may report such alleged non-compliance by the Registry 
Operator ("Reporter")."

During the session question period, I explicitly asked whether the 
process was applicable if the complainant does not claim any harm to 
the complainant.

The answer was less than crystal clear. We were told that Compliance 
would evaluate the complaint and decide whether it had merit 
(including following up with the complainant if the submitted 
information was insufficient). On specific questioning of whether 
they would consider it a valid complaint if no harm was demonstrated, 
there was not a definitive answer. Related to this is my 
understanding that even if a complaint *was* forwarded to the 
Standing Panel, the rules under which it will operate would not allow 
it to find for the complainant with harm being demonstrated.

I would suggest that the ALAC file an explicit written question with 
compliance on this issue, since it is effectively the SAME question 
that we have been asking for over a year now.

I would be happy to draft such a letter.

Alan