Request for Board action on independent review and stay
Almost a year ago, during your meeting in Mar del Plata on 8 April 2005, I
made a timely request, in accordance with ICANN's Bylaws, for independent
review of your decision at that meeting to approve an agreement for the
creation and sponsorship of a "travel" top-level domain (TLD), and for a
stay of that decision pending independent review.
Almost eight months later, during your public forum and meeting in
Vancouver on 3-4 December 2005, you publicly promised to refer my request
to an independent review panel, in accordance with ICANN's Bylaws.
Almost four months later, you have not done so.
I have repeatedly requested that you provide me with a copy of any procedures which ICANN has in place for independent review. You have not done so.
I have repeatedly requested that you provide me with any agreement(s) between ICANN and any independent review provider(s). You have not done so.
I have repeatedly requested that you provide me a copy of any ICANN decision to designate an independent review provider (IRP) or to approve procedures for independent review. You have not done so.
I have described in detail my diligent but unsuccessful efforts to find a
record of any such decisions on the ICANN Web site, and the procedures
that would have to be followed, under ICANN's Bylaws, for such decisions:
I have repeatedly requested that, if you believe that ICANN has made such
a decision in accordance with the procedural rules in ICANN's Bylaws, you
provide me with your basis for that belief. You have not done so.
My most recent messages to the Board have not been answered at all:
To the best of my knowledge and belief -- after diligent search and review
of the ICANN Web site, and repeated unanswered requests to you for any
evidence to the contrary -- ICANN has not, in fact, designated an IRP
provider, and does not have in place procedures for independent review.
If you are sincere in a good-faith offer to have my request referred to a
duly appointed IRP according to duly-adopted procedures under ICANN's
Bylaws, the first steps toward keeping your promise are to designate an
IRP provider and to put in place procedures for independent review.
I again demand that you initiate a policy development process to implement
ICANN's Bylaw on independent review by designating an IRP provider and
putting in place procedures for independent review.
Your continued refusal to do so violates ICANN's Bylaws, violates ICANN's
contractual commitments in the Memorandum Of Understanding (MOU) between
ICANN and the USA Department of Commerce (DOC) , and violates your
obligation as directors of the corporation to conduct the affairs of ICANN
in accordance with its Bylaws and its contractual commitments.
I call to your attention, and that of other observers, that your refusal
to comply with ICANN's Bylaws provides the Secretary of State of
California with grounds to dissolve the corporation. And your refusal to
comply with the MOU provides the DOC with grounds to revoke the MOU for
material breach of contract by ICANN. If your inaction on my request for
independent review leads to the dissolution of ICANN or the removal of its
authority over the Internet, you will have only yourselves to blame.
Since there is no Web forum at which messages to "wellington@xxxxxxxxx" are being posted, please reply to confirm that this message has been received and forwarded to each member of the Board of Directors.