RE: [soac-mapo] New 4.1 language

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Thanks Mary for continuing to work on this language.  I encourage others
to comment and just want to communicate some questions  I have.
Regarding "it may appoint a third party entity to administer the purely
procedural aspects of an objection that has been filed. Such a provider
shall be appointed under contract for a fixed period of time appropriate
for the application timetable. It shall not provide expert advice nor
recommendations regarding the outcome of an objection, although it may,
if requested by the Board, assist in seeking appropriate international
law experts for particular objections." do we care whether ICANN uses a
third party to perform administrative functions or not?  Wouldn 't the
third party need a high level of expertise just to qualify "appropriate
international law experts for particular objections" ?  ICANN staff has
already done a lot of work in identifying possible legal experts; if a
third party helps, good; maybe they have already used a third party.
If a third party that has the expertise needed to recommend expert
panelists, I don't think it would make sense from a cost perspective to
have them "the purely procedural aspects of an objection that has been
filed".

Chuck

 

From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On
Behalf Of Mary Wong
Sent: Monday, September 13, 2010 5:59 PM
To: soac-mapo@xxxxxxxxx
Subject: [soac-mapo] New 4.1 language

 

Would this work better as a possible replacement for the existing Rec.
4.1 language?

 

"In addition to the Board's ability to seek external expert advice under
Article XI.A of the Bylaws, it may appoint a third party entity to
administer the purely procedural aspects of an objection that has been
filed. Such a provider shall be appointed under contract for a fixed
period of time appropriate for the application timetable. It shall not
provide expert advice nor recommendations regarding the outcome of an
objection, although it may, if requested by the Board, assist in seeking
appropriate international law experts for particular objections. As in
all other areas of ICANN policy, the Board will ultimately decide
whether to adopt or reject the advice of any external experts it
consults in relation to an objection.''

 

Cheers

Mary

 

 

Mary W S Wong

Professor of Law

Chair, Graduate IP Programs

UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong@xxxxxxxxxxx
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584

 

 

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