No Public Record of "Extensive Consideration and Discussion"

["Leo de Vall" <leosghost@xxxxxxxxx>]

No Public Record of "Extensive Consideration and Discussion"

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.

this message relayed as apparently ICANN is being selective about whose
mails get through