Re: Clarification of my request to the ALAC
Thank you very much for explaining your message, and for giving me the opportunity to try to explain my message. I apologize if my English is complicated and legalistic, especially when I am writing about legal procedures. You wrote: "The Board has already selected an IRP, specifically the International Centre for Dispute Resolution of the American Arbitration Association. This decision appears in the minutes of the Board meeting of 2004-04-19." (1) No minutes of that Board "meeting" are on the ICANN Web site (only a "preliminary report" of the resolutions). This is a violation of the Bylaws. (2) The Board resolutions of 19 April 2004 related to the ICDR did *not* appoint the ICDR as the IRP provider. Those resolutions did *not* put in place procedures for independent review. Those resolutions were *not* adopted through the required policy development process. I discussed these resolutions in detail in my e-mail message (copied to the ALAC) of 11 December 2005: http://hasbrouck.org/blog/archives/000964.html#ICDR The Bylaws require specific procedures for policy decisions. I listed these procedures in my message of 5 February 2005: http://hasbrouck.org/blog/archives/001007.html#procedures I have repeatedly asked Messrs. Jeffrey and Cerf for a copy of any ICANN procedures for independent review, and for a copy of any ICANN agreement(s) with IRP provider(s). I have received no answer to these requests. I hope this additional information is helpful to you and to the ALAC in making your decision. Again, thank you and the ALAC for considering my request. Sincerely, Edward Hasbrouck -------------------- Edward Hasbrouck edward@xxxxxxxxxxxxx http://hasbrouck.org +1-415-824-0214
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