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Bruce et al -
I think the draft self-review report is a very
good and useful document
Now, following our discussion yesterday, I would
like to draw your attention to recommendation 14 of the "Sharry"
(external review document) which states that "The Council needs to work
with ICANN operational staff to develop a compliance policy with graded
penalties". Additionally, ICANN's draft
strategic plan includes a sentence (p.32) on ICANN's current plans for "planned escalation of actions, including
legal and specific performance remedies, to correct ongoing harm and provide
greater flexibility and legitimacy for the compliance
function."
I would recommend that we add a
recommendation of the same kind under point 5) of our self-review
document. I suggest the following wording:
To the
extent that the lack of intermediate sanctions for non-compliance with
contractual obligations presents a significant impediment to compliance
activities, the GNSO should, without prejudice to efforts to enforce
existing contractual obligations, develop recommendations for a system of
graduated or intermediate sanctions for incorporation in revised
contracts. As an initial step, ICANN legal counsel should brief GNSO
Council (or a relevant subgroup/task force) on ICANN's current plans
to correct ongoing harm and provide greater flexibility and legitimacy for
the compliance function.
Kind regards
-
Niklas
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