[Icp2-review] Derecognition: 2.3(b)(i)(B) and for Ad Hoc Audits in 2.4(b)) on 25% or 2000

[Amin Dayekh]

Hello,

The 25% trigger (for Derecognition petitions in 2.3(b)(i)(B) and for Ad Hoc
Audits in 2.4(b)) can let one country dominate if it happens to comprise
~25% of the membership.

Suggestions:

   - Replace the simple 25% (or 2,000) threshold with a two-part test: a
   Size Threshold and a Diversity Threshold.
   - Add anti-affiliation and cooling-off safeguards so no bloc can game it.

       Add new definitions to Article 1.1

   - “Affiliated Members” means Members that are Affiliates of each other
   or Controlled by the same natural or legal person, or entity e.g.
   coalitions or societies etc...; all Affiliated Members shall be counted as
   a single Member for petition thresholds.
   - “Diversity Threshold” means the minimum distribution of petitioning
   Members across countries within the Service Region, as specified in
   Sections 2.3(b)(i)(B) and 2.4(b).
   - “Represented Country” means a country within the Service Region in
   which at least one Member is legally established.

       Amend Section 2.3(b)(i)(B) (who may file for Derecognition)

(B) A group of Members of the RIR that is the subject of the Proposal,
provided that the group satisfies both of the following:
(1) Size Threshold: at least 25% of all Members or 2000 Members, whichever
is lower, after consolidating Affiliated Members; and
(2) Diversity Threshold: petitioning Members must be drawn from at least 7
Represented Countries and no single country may account for more than 20%
of the petition’s signatures.
*For Service Regions with fewer than 10 Represented Countries, the
Diversity Threshold shall be Members drawn from at least one-third of
Represented Countries (rounded up), with no single country accounting for
more than 30% of signatures.*

        Amend Section 2.4(b) (who may request an Ad Hoc Audit)

(b) A group of Members of the identified RIR, provided that the group
satisfies the Size Threshold and Diversity Threshold defined in Section
2.3(b)(i)(B).
(b-1) Standing & Evidence: such request must (i) be limited to in-region
Members; (ii) include a sworn statement that signatories are not Affiliated
beyond disclosures; and (iii) set out alleged facts which, if true, would
constitute Tier 2 or Tier 3 non-compliance under Article 6.

       Add anti-gaming and process safeguards

   - Article 4.1(o) Disproportionate Control suggested addition add: “For
   petition thresholds in Sections 2.3(b)(i)(B) and 2.4(b), Affiliated Members
   count as one for both Size and Diversity calculations. The Governing Body
   shall publish an Affiliation Attestation form and may require documentary
   support under confidentiality.”
   - New Section 2.3(b)(vi) Cooling-Off: “Where a petition fails solely on
   Diversity Threshold grounds, signatories from any one country may not
   exceed the applicable per-country cap in any resubmission within 180 days.”
   - New Section 2.3(b)(vii) Verification: “ICANN (or its delegate) shall
   verify petition eligibility (including Affiliations and nationality
   distribution) under a confidentiality regime; a public summary with
   country-level counts only shall be published.”


*Amin Dayekh*

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