Name: Intellectual Property Constituency
Date: 10 Nov 2022
Affiliation: Intellectual Property Constituency
Original Public Comment: Pilot Holistic Review Draft Terms of Reference
Summary of Attachment
The attachment contains the full statement of the IPC regarding the terms of reference for the holistic review.
Summary of Submission
The IPC supports proceeding with a holistic review provided the Draft Terms of Reference are substantially revised. The current draft is inaccessible to most readers as it uses too much ICANN jargon, is overly complex and raises questions as to the precise purpose of the review. IPC recommends that the 2002 holistic review be used as a benchmark for a new review. Further, we recommend ICANN not delay implementation of recommendations from other reviews and/or other review processes while this Pilot Holistic Review is being undertaken. This is because the proposed draft terms indicate that no real Holistic Review will occur prior to 2030. ICANN should refer back to prior holistic review terms of reference in order to simplify the terminology, acronyms, and goals for the Pilot Holistic Review. The terms of reference should recite very specifically which improvements have been made since the 20 year old holistic review and provide a method for measuring whether those improvements have been effective, e.g. via survey. The Self-Assessment portion of the Draft Terms of Reference should be modified to create concrete measurable components for SOs and ACs. The Draft Terms of Reference should be modified to provide for independent assessment of the factors listed. Independent Assessment should include assessment of Board interaction with the Community in resolving policy disputes where no Consensus has been achieved via the PDP process.