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ICANN Subject to U.S. Data Quality Act?
posted by michael on Tuesday January 27 2004, @10:50AM
Bruce Levinson writes "The Center for Regulatory Effectiveness (CRE) has concluded that the U.S. Data Quality Act applies to ICANN since the organization performs its functions under specific agreements with the Department of Commerce's National Telecommunications and Information Administration (NTIA). NTIA's Data Quality guidelines define "sponsored" dissemination of information as "situations where the Agency has directed a third party to distribute or release information, or where the Agency has the authority to review and approve the information before release."
In addition to fulfilling its legal duties, ICANN compliance with the Data Quality Act would address two paramount concerns raised by numerous critics of the organization: 1) that ICANN policy decisions are not reached through an open, transparent process; and 2) that ICANN does not provide a fair and impartial public process for seeking redress of its decisions."
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"CRE notified Dr. Twomey, President and Chief Executive Officer of ICANN, of the applicability of the Data Quality Act to ICANN in a detailed letter of October 29th. CRE asked ICANN for a meeting to discuss the issue of the applicability of the Data Quality Act to ICANN since CRE received no communication in response to the letter. In mid-December ICANN agreed to a January 23rd meeting with CRE. Notwithstanding CRE's trip to ICANN's headquarters in California for the scheduled meeting, the organization refused at the last moment to meet with CRE. CRE now knows how Dr. Twomey felt when he was expelled from an ICANN-related planning meeting in Geneva.
For more information, including CRE's letter to ICANN, please see ICANNfocus.org."
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On first reading I thought CRE was some USG agency and thought that they might have finally grabbed a clue. Well, they aren't, usually, unless they're floating proposed legislation. They're a conservative (who really needs environmental protection anyway?) lobby group based in Washington, DC. From here [thecre.com], originally in the Wall Street Journal (emphasis mine):Interestingly, something like this might be in store for federal agencies as a result of a little-noticed law, the Federal Data Quality Act, signed by President Clinton on his way out the door. It was drafted by the pro-business Center for Regulatory Effectiveness in Washington, and inserted into the mammoth year-end appropriations bill in late 2000 by Rep. Jo Ann Emerson (R., Mo.). ‘The White House noticed it and asked some questions about it, but there was so much going on—Florida, the Clinton pardons and the need to get the appropriations done—that it couldn’t be stopped,’ says Jim Tozzi, co-founder of CRE and a long-time staffer at the Office of Management and Budget. CRE normally appears to push for less government regulation of industry. Ironically it seems like in the current case they want more government regulation of ICANN. So perhaps one of ICANN's (devil) spawned industries, registries and/or registrars, are paying CRE's bills this time.I'd like to add that on second reading of the article, but prior to any research, I thought CRE might be some netizen information wants to be free org that perhaps wanted documents that Karl Auerbach sued for (question for Karl, did you ever see them before being purged?), and I intended to make the point that ICANN was under no compunction to answer them or meet with them (although cancelling at the last minute is very bad form). Such behavior is, after all, ICANN's Standard Operating Procedure. Having since done some research and finding that CRE is probably not working for the great unwashed, I still wanted to make that point. This seems eminently fair. It is apparently ICANN law in its majestic equality to deny access to information to the rich as well as the poor. -g
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[ Reply to This | Parent
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| - Yes, I saw
by KarlAuerbach
Wednesday January 28 2004, @04:27PM
| 2 replies beneath your current threshold. |

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