ICMs Initial response to report of Possible Process options - reformatted !!

[Stuart Lawley <stuart@xxxxxxxxxx>]

Below is the text of a a letter sent to Rod Beckstrom today. A pdf of the full 
letter is attached.


ICM and its counsel have reviewed the "options" presented to the Board by ICANN 
staff, and are dismayed to note that several of the options are in many 
respects substantively and procedurally inconsistent with the IRP declaration. 
In fact, only one option (expedited due diligence to confirm financial and 
technical capabilities) appears to offer the current ICANN Board a path to 
avoid new and ongoing violations of the organizations Articles of Incorporation 
and Bylaws. This is, to put it plainly, unacceptable.

While we appreciate that this is the first time that the Board has had to 
consider implementation of an IRP declaration, and in this regard may well 
believe that all options must be studied, it would be inappropriate, illegal 
and inconsistent with ICANNS core values and model of self governance for ICANN 
to set up an evaluative process that is lacking in objectivity and that does 
not affirmatively give effect to the underlying IRP declaration. In our view, 
ICANN staff's options paper would appear to have not been conceived with the 
objective of affirmatively giving full effect to the IRP declaration.

The ICANN community clearly called on the Board in Nairobi to honor the IRP 
declaration and move promptly to right its discriminatory, unfair and bad faith 
treatment of ICM. It would indeed be a disservice to urge the Board to follow a 
path that breaks faith with the community and threatens to prolong this costly 
and distracting legal dispute.

ICM and its counsel are studying the options paper and will be submitting an 
analysis which we trust will be given due and careful consideration by the 
Board. We remain committed to working constructively and in good faith to 
resolve this matter, and hope that ICANN and its advisors are similarly 
committed.





Stuart Lawley
Chairman

ICM Registry LLC
www.icmregistry.com

Attachment: Letter to ICANN March 28 2010.pdf
Description: Adobe PDF document