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Clarification of my request to the ALAC

  • To: committee@xxxxxxxxxxxxxx
  • Subject: Clarification of my request to the ALAC
  • From: "Edward Hasbrouck" <edward@xxxxxxxxxxxxx>
  • Date: Tue, 07 Feb 2006 09:13:00 -0800

In a message to the ALAC, Roberto Gaetano said:

http://forum.icann.org/lists/alac/msg01587.html

"The proposal I heard yesterday of publishing the rules of the process for appeal on ALAC's website seems very good to me."

It's not just a good idea, it's the law: Article IV, Section 3.13 of the Bylaws requires, "The IRP operating procedures, and all petitions, claims, and declarations, shall be posted on the Website when they become available."

http://www.icann.org/general/archive-bylaws/bylaws-08apr05.htm#IV-3.13

But the procedures cannot be published until they are approved. This requires a policy development process and a vote by the Board. These have not happened.

"It is in order that ALAC takes action in asking the Board for more transparency, publication of the rules for appeal, and what else. It is not in order to push the individual case of Ed, regardless whether we think he's right or wrong."

To clarify my request: I am *not* asking the ALAC to take any position on the merits of my request for a stay, or my request for independent review, or to say how the Board should vote.

I am only asking ALAC to say that my requests should be *properly considered* according to the rules in the Bylaws:

(1) The Board should *consider* and vote yes or no on my request for a stay.

(2) The Board should begin a policy development process to choose an IRP provider and adopt procedures for all requests for independent review (not just my request).

Sincerely,

Edward Hasbrouck

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


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