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error in Reconsideration Committee report

  • To: saopaulo@xxxxxxxxx
  • Subject: error in Reconsideration Committee report
  • From: "Edward Hasbrouck" <edward@xxxxxxxxxxxxx>
  • Date: Wed, 06 Dec 2006 15:39:58 -0800

The "Reconsideration Committee Annual Report 2006" posted today is
knowingly and materially false and misleading:

http://www.icann.org/committees/reconsideration/rc-annualreport-
06dec06.htm

According to that report, no requests for reconsideration were (or will
be) pending at the end of the calendar year 2006, and none had been
pending for more than 90 days.

These statements are knowingly and materially false and misleading.

On 16 May 2005, I submitted a request for reconsideration (related to the
lack of openness and transparency of the 3 May 2005 Board "meeting") by e-
mail to "reconsider@xxxxxxxxx".  That request is posted on my Web site at:

http://hasbrouck.org/blog/archives/000584.html

I received a response by e-mail that same day from ICANN Corporate
Secretary and General Counsel John O. Jeffrey, "We have received your
request for reconsideration and have forwarded it to the ICANN Board's
Reconsideration Committee for handling."

I have received no further communication from ICANN regarding this
request.  This request is not posted on the ICANN Web site.  No notice,
agenda, minutes, or record of any consideration or action on this request
by the Reconsideration Committee or any ICANN body is posted on the ICANN
Web site.

Neither the Reconsideration Committee nor the Board of Directors can
plausibly claim to be ignorant of this request.  I reminded you that this
request remains outstanding in my message to the Public Forum during the
Board meeting in Wellington on 29 March 2006, as posted at:

http://forum.icann.org/lists/wellington/msg00002.html

The false report being presented by the Reconsideration Committee thus
appears to be a knowing attempt to mislead the Board as a whole, the
Internet and ICANN stakeholder communities, and other observers and
interested parties, with respect to the Reconsideration Committee's
continued inaction (or, if they have acted, impermissibly secret and
unreported action and failure to post the request) on this request.

The submission of a knowingly false and misleading report would appear to
constitute culpable, bad-faith malfeasance by the responsible members of
the Reconsideration Committee, in the performance of their duties.

I also note that a report of the Reconsideration Committee is required on
an annual basis, according to Article 4, section 2.19 of ICANN's Bylaws:

http://www.icann.org/general/bylaws.htm#IV-2.19

No such report has been published for 2005.  If such a report has in fact
been made to the Board, I request that it be published, in accordance with
the requirement of the Bylaws that ICANN and its constituent bodies must
operate to the maximum extent feasible in an open and transparent manner.

I request that this message be read to the Public Forum following the
presentation of the report of the Reconsideration Committee.

Sincerely,

Edward Hasbrouck


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


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