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Proposed agreement is contrary to transparency Bylaw

  • To: aero-renewal-2008@xxxxxxxxx
  • Subject: Proposed agreement is contrary to transparency Bylaw
  • From: "Edward Hasbrouck" <edward@xxxxxxxxxxxxx>
  • Date: Thu, 08 Jan 2009 11:57:57 -0800

The proposed ".aero" sponsorship agreement was negotiated entirely in 
secret,.  It purports to renew an agreement which was negotiated entirely 
in secret, and was "extended" in secret.  In no case was notice provided 
of any public negotiating session or meeting of ICANN or any subsidiary 
body to consider the terms of the agreement, extension, or renewal.

It would have been feasible to provide public notice and allow public 
auditing of these meetings.  The outcome might have been different if the 
meetings were public, but it would have been feasible.

As a person affected by these decisions, I had specifically requested 
notice of any such meetings.  Specific written requests under the 
transparency Bylaws have also been made by myself, a member of the At-
Large Advisory Committee, and other stakeholders:

http://gnso.icann.org/mailing-lists/archives/ga/msg06837.html

http://gnso.icann.org/mailing-lists/archives/ga/msg06846.html

http://forum.icann.org/lists/registry-failure-report/msg00008.html

I have received no response whatsoever to my request.  There has been no 
publicly-disclosed response to the At-large Advisory Committee.

This secrecy in negotiating the sponsorship, extension, and renewal are in 
flagrant violation of ICANN's Bylaws on transparency, which require that, 
"ICANN and its constituent bodies shall operate to the maximum extent 
feasible in an open and transparent manner and consistent with procedures 
designed to ensure fairness." Any decision based on these secret meetings 
or secret documents would also be in violation of the transparency Bylaw.

Sincerely,

Edward Hasbrouck


----------------
Edward Hasbrouck
<edward@xxxxxxxxxxxxx>
<http://hasbrouck.org>
+1-415-824-0214




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