RE: [gnso-irtp-b-jun09] Feedback from ICANN Compliance

["Diaz, Paul" <pdiaz@xxxxxxxxxxxxxxxxxxxx>]

I'm hard pressed to come up with any "extenuating circumstance" that
would prevent a gaining registrar from RESPONDING within four hours
(again, resolution is not required in this time frame).  If members of
the WG feel such a caveat is necessary, however, I would insist that the
exception be very tightly defined - otherwise the entire purpose of the
Emergency Transfer Contact (I agree with the Registrar Liaison's input,
and like Marika's formulation) would be undermined.

 

Regards, P

 

________________________________

From: owner-gnso-irtp-b-jun09@xxxxxxxxx
[mailto:owner-gnso-irtp-b-jun09@xxxxxxxxx] On Behalf Of Marika Konings
Sent: Monday, May 23, 2011 8:06 AM
To: Gnso-irtp-b-jun09@xxxxxxxxx
Subject: [gnso-irtp-b-jun09] Feedback from ICANN Compliance

 

Dear All,

 

In response to clarifications requested from ICANN Compliance in
relation to enforcement / non-compliance with consensus policies, I can
share the following:

*       All ICANN Consensus Policies are incorporated into the RAA, it
makes no difference whether the obligation is reflected in a Consensus
Policy (IRTP) or be made part of the RAA. Accordingly,  ICANN Compliance
will follow the same processes for escalated compliance actions and
pursue whatever sanctions or remedies available under the RAA.
*       At the same time, in relation to the EAC, there might be certain
limitations with regard to how easily compliance can pursue
non-compliant registrars. For example, there might be valid reasons why
the gaining registrar did not respond within 4 hours which means
Compliance would have to try and verify or validate the
explanation/reasons provided by the gaining registrar. As a result,
compliance may not be able to make a quick and straight forward
determination due to the nature of the issue or causes of
non-compliance.
*       A possible enhancement could be to add 'absent extenuating
circumstances' prior to 'Responses are required within 4 hours of the
initial request extenuating circumstances', although it would be helpful
if the WG would provide examples of what it would consider extenuating
circumstances.

You'll find attached the slide presentation that was mentioned during
last week's meeting which outlines the different escalation paths
available to the Compliance Staff under the RAA.

 

With best regards,

 

Marika