FW: ASO AC pending open action about the Inspection request process

19 May 2020


      Hi, good morning/afternoon/evening
How are you?
FYI, Below you can find the last update we received from Oscar Robles, about the inspection request sent by NRO EC to ICANN.
Regards,
Jorge
Dear Jorge and Kevin,
Here you can find the formal answer to your message which contains an updated status of the NRO EC request to ICANN additionally to the one I mentioned to you in the ASO AC call in March:
With regard to the recent Inspection Request send by the ASO to ICANN, it is worth remembering that the NRO fulfills the function of the Address Supporting Organization within ICANN, and the NRO’s Number Council serves as the ASO Address Council. When working within ICANN, the NRO (which is represented by the NRO EC) represents the ASO – this is evident such as ICANN Board / ASO joint meetings or any other ASO duty that is not delegated to the ASO AC per NRO’s formative documentation or ICANN’s bylaws.  Note that an useful reference in this regard is the procedures adopted by ASO for use of the Empowered Community powers – it contains definitions at the beginning which reiterate this structure https://www.nro.net/accountability/aso-and-icann-accountability/icann-empowered-community/aso-procedures-for-icann-empowered-community-powers/
As to the present status of the Inspection Request, it was rejected by ICANN, on the premise that the request exceeded the scope of the inspection powers per ICANN’s Bylaws. This is unfortunate, as ICANN could have provided a more substantial response to the aspects that it deemed within scope and as would have been expected given the important role of the empowered community in the oversight of ICANN. The NRO EC decided that the point was made regarding the need for communications from ICANN on a clear and transparent process for consideration of the transaction, and this point was subsequently picked up by other parties and has been often reiterated.
As such, NRO EC determined it was not necessary to further pursue the inspection request. We hope that ICANN’s guarded response to our request was atypical (resulting from the high profile of the present circumstances), and that their future responses to requests from Empowered Community participants will be more open.
I hope this addresses the ASO AC questions on this matter - feel free to reach out if any further information is needed.
Oscar 
Chair, NRO EC
On 3/2/20 11:26, Jorge Villa wrote:
Dear Oscar, good morning
The last ASO AC meeting was held on February 5th, according to our approved meeting schedule.
During the AOB session, a topic was raised regarding the Inspection Review request, sent by NRO EC to the ICANN board, related with the recent transaction process of the .org domain.
It was understood that the ASO AC does not have direct participation in this topic , however, some of the AC members have been asked about it in their communities.
This discussion brought up the confusion (related to the ASO, ASO AC, NRO, NRO EC, NRO NC) detected during the last ASO review. It happened mainly because the inspection request was signed by ASO (and not as NRO or NRO EC).
We understand that ASO is the approved participant in the ICANN Empowered Community, and signing it as ASO would be clearer for the ICANN community that signing it as NRO or NRO EC.
As it was noted in the AC meeting, this issue could be a point for the next ASO-ICANN board meeting.
The ASO AC appreciates the NRO EC support, and we would request an update about the inspection request process including background, updates that you consider useful for us, and any link(s) where we can direct people.
Kind regards,
Kevin Blumberg and Jorge Villa
ASO AC Vice Chairs

Jorge Villa

herve.clement＠orange.com

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