[At-Large] That Revised PICDRP

Carlton Samuels carlton.samuels at gmail.com
Thu Oct 3 16:14:27 UTC 2013

So, the PICDRP is revised.  Yawn.

For sure, it is a poster child for what lawyers call - often times with
tongue firmly rooted in cheek - 'due process'. Regrettably and in IMMHO, it
yet remains a creature that is all 'sound and fury, signifying nothing'.
 Yes, in the end, it is still not worth a warm bucket of spit.

The fundamental problem remains; it is a high bar we raise to deny
companies the right to change a business model - or approach to
implementing a model - in process. That is a flightless buzzard of a bird.

The notion of 'to report is to offend' remains. Now, I freely admit that as
a free thinker, all orthodoxies remain suspect absent they are forced thru
the crucible of reason.  But this position as a conceptual framework is and
remains so injurious to perceptions of good governance it is practically

I have excerpted and highlighted a part of the revised procedure below. It
frames what follows better than I could; it is as if ICANN had engaged a
circular firing squad to execute PIC enforcement:

*"1.3 .....ICANN will conduct a preliminary review of the PIC report to
ensure that it is complete and states a claim of non-compliance with one or
more PICs. ICANN also will make a determination as to*
*whether the Reporter is in good standing and is not a Repeat Offender as
set forth below in Section 5. *
*ICANN’s preliminary review is not intended to evaluate the merits of the
allegations, but whether the Reporter has completed all of the reporting
*In particular, ICANN will review whether the Reporter has: (i) identified
the proper parties; (ii) identified at least one PIC with which the
Registry Operator failed to comply, (iii) alleged how the Reporter has been
harmed; and (iv) set forth the grounds of the claim and submitted
appropriate documentation to support the report of non-compliance.*
*1.4** If the PIC report fails the preliminary review, ICANN will notify
the Reporter and the Registry Operator, and **the PIC report will be closed.
*2. Initial Review of the PIC Report and Conference*
*2.1 If the PIC report passes ICANN’s preliminary review, ICANN will
forward the report to the Registry Operator (through its Abuse Point of
Contact) and notify the Reporter that the PIC report has been forwarded to
the Registry Operator.*"


Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*

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