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[reg-com] Current diagrams for approval process and reconsideration process

  • To: <reg-com@xxxxxxxxxxxxxx>
  • Subject: [reg-com] Current diagrams for approval process and reconsideration process
  • From: "Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
  • Date: Wed, 5 May 2004 15:05:14 +1000
  • Cc: "GNSO SECRETARIAT" <gnso.secretariat@xxxxxxxxxxxxxx>, "Barbara Roseman" <roseman@xxxxxxxxx>, "John Jeffrey" <jeffrey@xxxxxxxxx>
  • Sender: owner-reg-com@xxxxxxxxxxxxxx
  • Thread-index: AcQyX9nGbBGyi53FR5q0sSGDz10gAg==
  • Thread-topic: Current diagrams for approval process and reconsideration process

Hello All,

I have attached the latest versions of the diagrams in Portable Network
Graphics (PNG) format.

There are some minor edits to the first page following the last meeting
- simplifying the box relating to information to be provided to ICANN
- adding a time delay between a registry seeking approval from ICANN and
the registry actually implementing a change

I have added a page 4 that is a summary of the Reconsideration request
in the ICANN Bylaws.  In the absence of any further action on our part
this seems to be the most likely process to use.  Reconsideration
applies to staff actions (where the staff does not comply with an ICANN
policy) or Board actions (where the Board has not taken into account
material information).  For examples of previous reconsideration
requests see:
http://www.icann.org/committees/reconsideration/ .  The current
reconsideration committee consists of: Lyman Chapin (Chair), Veni
Markovski, Michael Palage, and Njeri Rionge.
The entire reconsideration process can take up to 90 days.

I have added a page 5 that is the Independent Review process.  This
applies if the Board has not acted in accordance with its Articles of
Incorporation or Bylaws.  The details of this process seem scarce, and I
don't think it has been used since the new bylaws.   The Independent
Review Process seems to apply in a similar way to a UDRP dispute
resolution process.

We are still waiting for a response from the ICANN General Counsel on:
- criteria to be applied
- whether ICANN Board needs to approve any changes to gtld agreements

Given the existence of the Reconsideration process - I am not sure what
effect a separate appeal process would have, as it would appear that the
reconsideration process would apply.  We may need to seek a change in
the bylaws to accommodate a shorter reconsideration process if that is
seen as necessary.   Apart from the duration, the reconsideration
process is well documented in the bylaws and is a good basis for any
appeal process.

Bruce Tonkin

Attachment: Approvalprocessv4-page4.png
Description: Approvalprocessv4-page4.png

Attachment: Approvalprocessv4-page2.png
Description: Approvalprocessv4-page2.png

Attachment: Approvalprocessv4-page3.png
Description: Approvalprocessv4-page3.png

Attachment: Approvalprocessv4-page1.png
Description: Approvalprocessv4-page1.png

Attachment: Approvalprocessv4-page5.png
Description: Approvalprocessv4-page5.png

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