[At-Large] [Registrants-rights] That Revised PICDRP

Evan Leibovitch evan at telly.org
Thu Oct 3 21:29:41 UTC 2013

Now it is my turn to ++1 Carlton :-)

The process is stacked to the advantage of registries, to the disadvantage
of registrants who much pay for the system, and heavily against
non-registrant end-users who see the promises coming undone.

Most unnerving is the explicit references to "repeat offenders", which IMO
is deliberately targeting potential watchdog groups that would object on
public interest grounds.

The process for creating PICs was shaky enough. The process for enforcing
them is a sham, designed for public relations value without actually
providing significant public benefit. Like Applicantg Support and the
public (ALAC/Ombudsman) Objection process, they are complex in design and
will see next to no use.

The problems are embedded and cultural, no amount of tweaking will fix this.

Does the ALAC have the courage to point out this program's utter failure to
the Board?

- Evan

On 3 October 2013 12:14, Carlton Samuels <carlton.samuels at gmail.com> wrote:

> 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
> indecent!
> 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*
> *PICDRP- 2*
> *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
> obligations.*
> *
> *
> *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
> ==============================
> Carlton A Samuels
> Mobile: 876-818-1799
> *Strategy, Planning, Governance, Assessment & Turnaround*
> =============================
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Evan Leibovitch
Toronto Canada

Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56

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