RE: [alac] ICANN blows off Ed Hasbrouck

[Wendy Seltzer <wendy@xxxxxxxxxxx>]

ICANN's position is absurd.

The Board of Directors is ultimately responsible for oversight of all 
of the activity of the organization, including the actions of 
staff.   Without making any judgment on the merits of Ed Hasbrouck's 
case, the Board cannot excuse staff's failures (when such exist) by 
saying that they do not involve "decision or action by the 
Board."  Failure to act or supervise when action is necessary is also 
"action."


Cal. Corp. Code 5210.
Each corporation shall have a board of directors.  Subject to
the provisions of this part and any limitations in the articles or
bylaws relating to action required to be approved by the members
[OF WHICH ICANN HAS NONE, BY ITS OWN DECISION AT THE TIME OF INCORPORATION]
(Section 5034), or by a majority of all members (Section 5033), the
activities and affairs of a corporation shall be conducted and all
corporate powers shall be exercised by or under the direction of the
board.  The board may delegate the management of the activities of
the corporation to any person or persons, management company, or
committee however composed, provided that the activities and affairs
of the corporation shall be managed and all corporate powers shall be
exercised under the ultimate direction of the board.

--Wendy

At 12:22 PM 1/20/2006, Roberto Gaetano wrote:
> What I do not like is that action from ICANN is required in order to 
> have an independent review.
> A reasonable approach would be that a person who feels materially 
> damaged by an ICANN action could start the appeal, and then it would 
> be a problem of him/her and the court of appeal to agree on format, 
> receivability, applicability, etc.
> Obviously, a discussion is going on in the Board at this time, and 
> this is the position I am presenting (long term solution). For the 
> short term, I would be inclined to recommend the Board to let the 
> appeal go to the ICC for IRP, but I would like to see discussion 
> going in ALAC before presenting a position.
> Regards,
> Roberto GAETANO
> ALAC
> ICANN BoD Liaison
>
>
>
>
>
> > From: "John R Levine" <johnl@xxxxxxxx>
> > To: "ALAC" <alac@xxxxxxxxx>
> > Subject: [alac] ICANN blows off Ed Hasbrouck
> > Date: 19 Jan 2006 23:21:27 -0500
> >
> > Ed Hasbrouck writes about his latest correspondence from ICANN, in which
> > John Jefferiwes says that merely because Vint made a public promise to do
> > the independent review of .TRAVEL that Ed requested, as required by the
> > ICANN bylaws, doesn't mean that they actually will, or that if they did
> > they would do anything meaningful:
> >
> > http://hasbrouck.org/blog/archives/000997.html
> >
> > Also see Bret's comments, entitled "ICANN is Never Wrong":
> >
> > http://blog.lextext.com/blog/_archives/2006/1/19/1714991.html
> >
> > Regards,
> > John Levine, johnl@xxxxxxxx, Primary Perpetrator of "The Internet 
> > for Dummies",
> > Information Superhighwayman wanna-be, http://www.johnlevine.com, Mayor
> > "I shook hands with Senators Dole and Inouye," said Tom, disarmingly.
>
> _________________________________________________________________
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--
Wendy Seltzer -- wendy@xxxxxxxxxxx
Visiting Assistant Professor of Law, Brooklyn Law School
Fellow, Berkman Center for Internet & Society
http://cyber.law.harvard.edu/seltzer.html
http://www.chillingeffects.org/