RE: (Fwd) Re: my request for reconsideration of 16 May 2005

["Edward Hasbrouck" <edward@xxxxxxxxxxxxx>]

I noticed today that some requests for reconsideration made to ICANN in 
2006 have been posted at:

http://www.icann.org/committees/reconsideration/

However, my request for reconsideration, which was made on 16 May 2005, 
still has not been posted on the ICANN Web site.  And I still have 
received no notice of any action on my request for reconsideration (except 
the notice from Mr. Jeffrey on 17 May 2005, copied below, confirming that 
my request was received and referred to the Reconsideration Committee).

My request for reconsideration is posted on my Web site at:

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

I remind you once again, as in my previous messages (which I have copied 
below, which you have acknowledged receiving, and which you have assured 
me have been forwarded to the Reconsideration Committee), that ICANN's 
Bylaws require that all requests for reconsideration must be posted on the 
ICANN Web site, and must be responded to within 90 days.

And I remind you yet again that your failure to post my request  for 
reconsideration on ICANN's Web site, or to respond to it within 90 days, 
is an ongoing material breach of your obligations under ICANN's Bylaws.

I demand that you immediately post my request for reconsideration on the 
ICANN Web site, and promptly schedule and provide me with notice of a 
meeting of the Reconsideration Committee to consider my request.

Note also that, entirely independently of this request for 
*reconsideration*, I continue to await any response to my latest message 
to the entire ICANN Board of Directors of 7 February 2006 related to my 
request for *independent review* on a different subject.  My unanswered 
message and request for Board action is posted on my Web site at:

http://hasbrouck.org/blog/archives/001010.html

In that message, I repeated the unanswered questions in my previous e-mail 
messages to you, as posted on my Web site at:

http://hasbrouck.org/blog/archives/000964.html#ICDR

http://hasbrouck.org/blog/archives/001007.html#procedures

I also call to your attention that the 7-day deadline in the Bylaws is 
today for posting agenda items for the Board meeting scheduled for 31 
March 2006 in Wellington.  So time is of the essence if the Board is to 
consider my requests for independent review (which requires initiation of 
a policy development process to develop procedures for independent review 
and designate an IRP provider) and stay pending independent review, or if 
the Reconsideration Committee is to consider my request for 
reconsideration, during ICANN's meetings next week in Wellington.

Sincerely,

Edward Hasbrouck

On 26 Aug 2005 at 9:47, "John Jeffrey" <John Jeffrey <jeffrey@xxxxxxxxx>> wrote:

> From:                 "John Jeffrey" <jeffrey@xxxxxxxxx>
> To:                   "'Edward Hasbrouck'" <edward@xxxxxxxxxxxxx>> 
> Copies to:            "'Paul Twomey'" <twomey@xxxxxxxxx>,
>       "'Vinton G. Cerf'" <vinton.g.cerf@xxxxxxx>,
>       "'ICANN Board Reconsideration Committee'" <Recon-comm@xxxxxxxxx>
> Subject:              RE: (Fwd) Re: my request for reconsideration of 16 May 
> > 2005
> Date sent:            Fri, 26 Aug 2005 09:47:01 -0700
>
> Hereby acknowledging receipt.  As indicated, we will review all of the
> materials that you have submitted and respond accordingly. 
> 
> 
> John O. Jeffrey
> General Counsel
> ICANN
> Jeffrey@xxxxxxxxx
> +1.310.301.5834 direct
> +1.310.404.6001 mobile
> 
> -----Original Message-----
> From: Edward Hasbrouck [mailto:edward@xxxxxxxxxxxxx] 
> Sent: Friday, August 26, 2005 1:35 AM
> To: Jeffrey@xxxxxxxxx; twomey@xxxxxxxxx; vinton.g.cerf@xxxxxxx
> Cc: reconsider@xxxxxxxxx
> Subject: (Fwd) Re: my request for reconsideration of 16 May 2005
> 
> My request for reconsideration is on a separate issue, and was made and
> acknowledged separately, from my request for independent review.  But since
> Mr. Jeffrey has claimed to believe that I had abandoned "my various
> requests", I am also forwarding my most recent message to the
> Reconsideration Committee, so that there will be no possible doubt that this
> request also remains outstanding and *not* abandoned.
> 
> Sincerely,
> 
> Edward Hasbrouck
> 
> ------- Forwarded message follows -------
> From:                 Edward Hasbrouck <edward@xxxxxxxxxxxxx>
> To:                   reconsider@xxxxxxxxx
> Subject:              Re: my request for reconsideration of 16 May 2005
> Date sent:            Wed, 17 Aug 2005 09:05:23 -0800
> 
> I have received no further communication from the Reconsideration Committee
> or anyone at ICANN concerning my request for reconsideration, which was
> acknowledged by Mr. Jeffrey and forwarded to the Committee on 16 May 2005.
> My request has not been posted on the ICANN Web site, I have received no
> notice or report of any meeting of the Committee or any ICANN body to
> consider my request, and no recommendation by the Committee to the Board
> concerning my request has been posted on the ICANN Web site.
> 
> I call to your attention that more than 90 days have passed since your
> receipt of my request, and that -- as I am sure you are aware -- ICANN's
> Bylaws require that, (1) *all* requests for reconsideration, without
> exception, regardless of whether or how they are acted on, must be posted on
> the ICANN Web site, (2) the Committee must, within 90 days of receipt of any
> request for reconsideration, either report its recommendations concerning
> that request to the Board, or report "the circumstances that prevented it
> from making a final recommendation and its best estimate of the time
> required to produce such a final recommendation", and (3) "The final
> recommendation shall be posted on the Website".
> 
> I reiterate my request for reconsideration and my request for notice of any
> meeting of the Committee or any ICANN body concerning my request.
> 
> Sincerely,
> 
> Edward Hasbrouck
> 
> ------- Forwarded message follows -------
> From:                 "Edward Hasbrouck" <edward@xxxxxxxxxxxxx>
> Subject:              Re: Lack of openness and transparency of 3 May 2005
> Board
>  "meeting"
> To:                   "John Jeffrey" <jeffrey@xxxxxxxxx>
> Copies to:            reconsider@xxxxxxxxx
> Date sent:            Tue, 17 May 2005 11:55:06 -0700
> 
> On Mon, 16 May 2005 18:17:06 -0700
>   "John Jeffrey" <jeffrey@xxxxxxxxx> wrote:
> 
> > We have received your request for reconsideration and have forwarded 
> > it to the ICANN Board's Reconsideration Committee for handling.
> 
> Thank you.
> 
> Please inform me as soon as any meeting of the Reconsideration Committee or
> any other ICANN body is scheduled to consider my request for
> reconsideration, including the date, time, place, and manner of that meeting
> and what means are available for attending, observing, and/or auditing the
> meeting.
> 
> If it is your decision or ICANN's decision to deny this request for notice
> and access to such a meeting, in whole or in part, please inform me as soon
> as you or ICANN has made such a decision, and inform me of the person or
> body responsible for the decision and the reason(s) for the decision.
> 
> Sincerely,
> 
> Edward Hasbrouck


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