RE: [gnso-sti] URS Strawman Proposal 111109.xls
- To: "Wendy Seltzer" <wendy@xxxxxxxxxxx>, "Kurt Pritz" <kurt.pritz@xxxxxxxxx>
- Subject: RE: [gnso-sti] URS Strawman Proposal 111109.xls
- From: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>
- Date: Tue, 17 Nov 2009 10:50:48 -0500
I think Wendy's comment is actually consistent with the IRT Report (although
others can correct me). The only caveat is that I believe there needs to be
some credbile evidence to support the contestable issue (as opposed to a mere
allegation that a contestable issue exists).
Jeffrey J. Neuman
Neustar, Inc. / Vice President, Law & Policy
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From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On Behalf Of
Sent: Tuesday, November 17, 2009 9:52 AM
To: Kurt Pritz
Cc: Jonathon Nevett; GNSO STI
Subject: Re: [gnso-sti] URS Strawman Proposal 111109.xls
One quick response:
> No genuine issue of material fact -- similar to Rule 56 of U.S. Fed. Rule of
> Civil Procedure.
> Staff comment: this is workable, we think the clear and convincing standard
> is better. The strawman burden seems equivalent to the summary judgment
> burden – which can be defeated by essentially any evidence, where the clear
> and convincing burden, while high, enables some balancing on the part of the
I think a high burden and clear standard, leaving the examiners little
discretion, are critical to keeping a rapid and inexpensive URS fair.
Hence I'd argue that "any evidence defeats a complaint" is appropriate.
On a showing of any contestable issue, the matter should be kicked over
Kurt Pritz wrote:
> David, John and team:
> I hope you find the attached staff comments on the URS Strawman useful and
> not intrusive. We will be available to answer questions on the call.
> On 11/11/09 8:00 AM, "Jonathon Nevett" <jnevett@xxxxxxxxxxxxxxxxxxxx> wrote:
> STI Team:
> Attached is an attempt at a strawman proposal on the key URS issues raised at
> our meetings. Not everyone will agree with every tenet of the compromise,
> but it is an attempt to do just that . . . reach a compromise. In some
> instances, principles are proposed, but details are left to staff to
> implement. This is appropriate for a number of reasons, not the least of
> which is our timing.
> Thanks to Zahid and Kathy and the others who paved the way with the consensus
> document. Also, thanks to Margie who -- per yesterday's conversation --
> helped prepare parts of the chart.
> Finally, I offer this up neither as a representative of the Registrar
> Stakeholder Group nor of Network Solutions.
> I very much look forward to continuing the discussions with the team on these
> issues. I hope that we can reach consensus and improve upon the ICANN
Wendy Seltzer -- wendy@xxxxxxxxxxx
Fellow, Silicon Flatirons Center at University of Colorado Law School
Fellow, Berkman Center for Internet & Society at Harvard University