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Re: [ga] independent review request, provider, and procedures

  • To: Edward Hasbrouck <edward@xxxxxxxxxxxxx>
  • Subject: Re: [ga] independent review request, provider, and procedures
  • From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Tue, 03 Jul 2007 03:36:12 -0700

Ed and all,

  Nicely done here Ed.  After reviewing, I concur.  And Btw, the
two request I sent in which you ask me for a link to, are seemingly
"missing" form ICANN's archive.  However I kept a copy and I
am going to fax them directly to DOC, DOJ, and the Calif. bar
association with a cover letter and a copy of your eMail here.
Calif. bar assoc. Atty. complaint info and forms are at:
http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179

The DOJ info for contact info., Ed,I will send you in a
separate post off list.

If you are willing to swear out an affidavit and/or a ethics complaint
with the Calif. bar, I will co sign it with you if Dr. Dierker will
follow up.  Dr. Dierker, are ya game or lame?

Edward Hasbrouck wrote:

> During the "Accountability and Transparency Management Operating
> Principals Consultations Workshop" in San Juan on 27 June 2007, you said,
> according to the transcript posted by ICANN:
>
> http://sanjuan2007.icann.org/files/sanjuan/SanJuan-
> WorkshopAccountabilityTransparency-27June07.txt
>
> "One thing that's interesting to staff is that there's not been an
> independent review process request. It's not been tested."
>
> As you know, there have been requests for independent review.
>
> I made a formal request for independent review on 8 April 2005:
>
> http://hasbrouck.org/blog/archives/000554.html
>
> If the transcript is accurate in reporting your statements, your claim
> this week that "there's not been an independent review process request" is
> (1) false, (2) knowingly false and made in bad faith, (3) contrary to your
> repeated public claims to have acknowledged that I have, in fact, made an
> request for independent review, and (4) as such, an act of culpable
> professional misconduct in your capacity as a member of the California
> bars and officer of a California corporation.
>
> I invite you to retract your false claim, and to correct the public record
> with respect to your claim that neither I nor anyone else has made a
> request for independent review of a decision by ICANN.
>
> According to the transcript, you also said:
>
> "There is a provider.  The provider has been designated by the board in
> 2004....  [W]e encourage you to use these accountability processes.  We
> take our work very seriously.  We're trying to be as accountable as we
> possibly can.  We think we make mistakes and we want to improve, so let us
> know how we can."
>
> You can improve, professionally and in your official capacity as an
> officer of ICANN, by telling the truth in your public statements.
>
> You and ICANN can improve by promptly scheduling and giving proper notice
> of a public meeting of the Board of Directors to (1) begin a policy
> development process to designate an independent review provider and
> develop procedures for independent review, in accordance with the
> procedural rules in ICANN's Bylaws, and (2) consider and act on my and any
> other pending requests for stay(s) pending independent review.
>
> These are among the same suggestions for improvement that I made to you
> more than 18 months ago, 11 December 2005:
>
> http://hasbrouck.org/blog/archives/000964.html
>
> Finally, you said, according to the transcript:
>
> "I look forward to your comments and if you have specific questions about
> this policy, please contact me, send an e-mail to me.  My e-mail address
> is jj@xxxxxxxxxx"
>
> My specific questions about the independent review provider designation
> and policies are at:
>
> http://hasbrouck.org/blog/archives/001007.html#procedures
>
> I sent these questions to you 5 February 2006, but have received no answer
> to any of these specific questions.  In accordance with ICANN's Bylaw on
> transparency, I reiterate my request for this specific information.
>
> I look forward to your answers to my long-standing questions, and to
> ICANN's action, in accordance with the substantive and procedural
> requirements of ICANN's Bylaws, on my even longer-standing requests for
> independent review and stay pending independent review.
>
> Sincerely,
>
> Edward Hasbrouck
>
> ----------------
> Edward Hasbrouck
> <edward@xxxxxxxxxxxxx>
> <http://hasbrouck.org>
> +1-415-824-0214

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obediance of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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