[Chapter-delegates] WEBCAST TUESDAY: Community Engagement: The Legal Enforceability of Ethos’ Public Interest Commitment (PIC)

Sat Mar 7 09:29:59 PST 2020

Thanks for this.

During the call, Ethos stated (see p. 4 of the transcript): “[Alleged non-compliance] can be referred by ICANN to a PICDRP panel, which you can think of as being kind of analogous to an arbitration proceeding, and the conclusions of that panel would be binding on PIR.”

This is not correct. The conclusions of PIC DRP panels are not binding, see 4.8 of the PICDRP process, at:

  http://newgtlds.icann.org/en/applicants/agb/picdrp-01feb20-en.pdf 

So the PICDRP is not at all analogous to an arbitration proceeding.

There have only been two PICDRP cases to date, see:

  https://www.icann.org/resources/pages/picdrp-2014-01-09-en 

As I’ve said before, I do not consider the PICDRP to be a particularly strong enforcement mechanism, quite the contrary.

Separately, on pages 9-10, Brian Cimbolic (PIR) and Allen Grogan (Ethos) state that the PIC contains a process, but not a substantive, commitment regarding changes to free speech and data privacy policies so that policies could be changed in the future, but the Stewardship Council could veto the changes.

As I’ve already pointed out, the Stewardship Council can veto only by a 2/3 majority. Why not change it so that no changes can be made unless the Stewardship Council unanimously agrees to the change?

Separately, on page 10, Brian Cimbolic states that they think that they have consulted with the community regarding the PIC. I disagree. The PIC was developed unilaterally (albeit perhaps with input from some unspecified persons outside Ethos/PIR) and presented as a fait accompli. It was not posted with a request for comments.

Therefore, I do not agree that Ethos or ISOC/PIR have consulted the community.

Best,

Richard

From: Chapter-delegates [mailto:chapter-delegates-bounces at elists.isoc.org] On Behalf Of Joly MacFie via Chapter-delegates
Sent: Friday, March 6, 2020 18:06
To: ISOC Chapter Delegates
Subject: Re: [Chapter-delegates] WEBCAST TUESDAY: Community Engagement: The Legal Enforceability of Ethos’ Public Interest Commitment (PIC)

[Oops I meant this call. So many calls!]

A transcript of this call is now available

https://isoc.live/pir/2020.03.03_The_Legal_Enforceability_of_Ethos_PIC.pdf  

Also, there was a follow up call the next day with ICANN's Noncommercial Users Constituency, that is available at https://youtu.be/U-hWhk02kus

On Mon, Mar 2, 2020 at 4:19 PM Joly MacFie <joly.nyc at gmail.com> wrote:

There were several PIC-related questions at last weeks Community Engagement Webinar <https://livestream.com/internetsociety/orgcommunity> . Thus a full presentation. There is only 30 mins scheduled for this, so perhaps not that much time for discussion. I am told there will be another Community call next week.

ISOC Live posted: "On Tuesday, March 3 2020, from 15:00–15:30 EST (20:00–20:30 UTC), Ethos Capital invites you to a webinar 'Community Engagement: The Legal Enforceability of Ethos’ Public Interest Commitment (PIC)'. Presenters will be Brian Cimbolic, General Counsel, PIR, " 

 <http://livestream.com/internetsociety/ethospic> livestreamOn Tuesday, March 3 2020, from 15:00–15:30 EST (20:00–20:30 UTC),  <https://ethoscapital.com> Ethos Capital invites you to a webinar ' <https://www.keypointsabout.org/events> Community Engagement: The Legal Enforceability of Ethos’ Public Interest Commitment (PIC)'. Presenters will be Brian Cimbolic, General Counsel, PIR, and Allen Grogan, Legal Advisor, Ethos Capital. The session will be webcast live on the  <https://isoc.live> Internet Society Livestream Channel.

LIVESTREAM:  <http://livestream.com/internetsociety/ethospic> http://livestream.com/internetsociety/ethospic (open captions)

PARTICIPATE:  <https://pir.zoom.us/j/299610749> https://pir.zoom.us/j/299610749 (closed captions)

MORE INFO:  <https://www.keypointsabout.org/> https://www.keypointsabout.org/

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