No Public Record of "Extensive Consideration and Discussion"

[Jeff Libert <libertdna@xxxxxxxxx>]

Dears Sirs and Madams:
   
  I am gravely troubled by the apparent absence of a public record of the 
substance of the justifications for the change of pricing policy.
   
  In the announcement of the public comment period ICANN ostensibly offers 
assurances that a rational and compelling basis for the proposed changes exist. 
However, despite a deliberate effort on my part, including searching within the 
links for meeting minutes, I can find no public record of the comments, 
considerations, facts or other basis for the change. IF such a record exists it 
is a serious failue to not link to the record from the comment page. IF such a 
record has not been made public the it is malfesance to conceal the record of 
facts and reasons whilst inviting public comment.
   
  How is anyone to muster facts or raise a challenge to the significant change 
without first having an opportunity to review and examine the alleged factual 
basis for the proposed changes?
   
  I imagine you could argue that the public might attend meetings but when I 
see that one member of the board was reimbursed in excess of $7,000.00 to 
attend a 1 week meeting in Paris I think such an argument would not hold up. 
   
  IF there actually is a bona fide intent to gain insight from the public then 
this is a case of failed intention. You cannot gain meaningful input to policy 
decisions whilst denying us access to facts, figures, evidence underlying the 
proposed policy change.
   
  IF there is an actual requirement for meaningful public input then that 
requirement simply has not been met by the adoption procedure as it stands to 
date.  We, the public, cannot possibly meet the challenge of determining the 
validity or necessity of the proposed changes to the billing process without 
access to the subject matter or contents of the record of "extensive 
consideration and discussion". Indeed, in the face of ICANN's public comments 
that such "extensive consideration" took place the concommitant absence of 
access to the record makes the case that ICANN has materially failed to allow 
public participation.
   
  How can there be public comment to what are essentially secret meetings, 
discussions and considerations? 
   
  Until the full record of the facts, evidence, considerations and discusssion 
is made public this public comment process is and will continue to be a sham. 
   
  If the law or contracts require public comment and participation then the 
contracts, if adopted, will not stand up to an form of intelligent legal 
challenge. 
   
  I would therefore urge ICANN to reset the clock and to do what ought to have 
been done in the first place: Make the record and evidence for these dramatic 
changes available for public consideration or at least make the repository for 
the record plainly available by a llnk in the body of the page where public 
comment is invited.
   
  Thank  you for your consideration and please take my comments to heart. I am 
not opposed to reasonable and necessary change. However I am steadfastly 
against significant policy changes that do not receive a full and fair airing 
in public and against changes that are not brought to the public's attention in 
a manner decidedly calculated to evoke the greatest degree of public input.
   
  Regards,
  Jeffrey A. Libert, Esq.
   

                                
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