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Proposed bylaws revision will not solve the problems

  • To: recon-bylaws-revision@xxxxxxxxx
  • Subject: Proposed bylaws revision will not solve the problems
  • From: "Edward Hasbrouck" <edward@xxxxxxxxxxxxx>
  • Date: Thu, 08 Jan 2009 11:36:34 -0800

The main problems with the Reconsideration Committee are that:

(1) The Reconsideration Committee has never held a public meeting or 
provided public notice of any of its meetings, although it would have been 
feasible to do so and although I had repeatedly and specifically requested 
notice of any meetings at which matters in which I had an interest would 
be considered. This has been in flagrant violation of ICANN's Bylaws on 
transparency, which require that, "ICANN and its constituent bodies shall 
operate to the maximum extent feasible in an open and transparent manner 
and consistent with procedures designed to ensure fairness."

(2) The Reconsideration Committee has publicly stated that the basis of 
one of its decisions was information provided by the Ombudsman, none of 
which was or is available in any public written record.  This was and is 
in blatant violation of ICANN's Bylaws, which require that, "The 
Reconsideration Committee shall act on a Reconsideration Request on the 
basis of the public written record."

(If true, this also indicates a clear violation by the person acting as 
Ombudsman -- who has never been appointed by the Board, as would be 
required by the Bylaws -- of the Bylaw requiring the Ombudsman to maintain 
the confidentiality of those who seek the Ombudsman's assistance.)

I have discussed these and other problems with the reconsideration 
Committee in more detail and with links to the underlying documents at:

http://hasbrouck.org/blog/archives/001196.html

http://hasbrouck.org/blog/archives/001192.html

(3) Neither ICANN's Board of Directors as a whole, nor any other ICANN 
body or external oversight body, has held the Reconsideration Committee 
accountable for these violations of ICANN's Bylaws.  I have brought this 
complaint to ICANN's attention, without reply:

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

The proposed revisions to the Bylaws will do nothing to address these 
problems.  Instead, the Board should deal with the real problems.

I reiterate my demand that the Board fulfill its responsibility to compel 
the Reconsideration Committee to act in accordance with the Bylaws, 
including those on transparency and on the basis for its decisions, and 
that the Board fulfill its mandate to appoint an Ombudsman, designate an 
Independent Review Provider, develop procedures for independent review, 
and consider the backlog of outstanding requests for independent review, 
in accordance with the procedural rules in the Bylaws for such decisions.

Sincerely,

Edward Hasbrouck



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




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