Comments on ICANN's Performance

["Edward Hasbrouck" <edward@xxxxxxxxxxxxx>]

These comments are submitted in response to the notice at:

http://www.icann.org/announcements/announcement-08may07.htm

"As part of an ongoing interest in continuous improvement, ICANN is 
seeking community feedback about its performance."

(1) "Is ICANN becoming more transparent, accessible and accountable?"

No.

(2) "What improvements have been observed and what still needs to be 
done?"

I have observed no meaningful improvements in ICANN's accountability or 
transparency.  ICANN needs to bring itself into conformity with its 
Bylaws, beginning by (A) designation of points of contact and adoption of 
procedures for requests for documents, records, and meeting information 
pursuant to the transparency Bylaw, (B) development and adoption of 
procedures for independent review, (C) designation of an independent 
review provider, (C) bringing the operation of the Reconsideration 
Committee into conformity of the Bylaws requiring decisions to be based on 
the public written record, and correction or reconsideration of past 
decisions not made on that basis, and (D) appointment of an Ombudsman.

(3) "What improvements have been made in dispute resolution and the 
application of fairness and equity in the management of complaints and 
other mechanisms of review that are available? These include the work of 
the reconsideration committee, the Ombudsman and independent review."

I have observed no improvements in these areas. ICANN has continued its 
(A) failure to implement the Bylaws requiring appointment by the Board of 
an Ombudsman, (B) operation of the Reconsideration Committee in flagrant 
violation of the Bylaws, and (C) failure to adopt procedures for 
independent review, appoint an independent review provider, or act on the 
pending request for independent review.

None of the issues raised in comments on the latest report on ICANN's 
transparency and accountability have been addressed:

http://forum.icann.org/lists/transparency-2007/msg00003.html

ICANN remains in flagrant breach of its Bylaws.

Sincerely,

Edward Hasbrouck


----------------
Edward Hasbrouck
<edward@xxxxxxxxxxxxx>
<http://hasbrouck.org>
+1-415-824-0214