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    Watchdogs sTLDs hoping to enter legacy root
    Ed Hasbrouck Wants ICANN to Play By the Rules
    posted by michael on Wednesday May 18 2005, @09:55AM

    Edward Hasbrouck isn't a lawyer, but he writes a darned good letter.

    ICANN's rules are set up to avoid responsibility. When vestiges of the old rules still exist, key words like "open" and "transparent" are emptied of meaning, secure in the knowledge that the game is rigged. For years there were no appeals processes. To the extent they exist now they are cramped (not just anyone can complain) and slow, so decisions -- were any to emerge -- are made moot. Plus ICANN wants users to foot the bill. Kudos to Mr. Hasbrouck for having the fortitude to fight on.



    Here's just a taste of a great letter:
    You cannot "bootstrap" the legitimacy of a secret decision making process by arguing that fairness required that information be kept secret, after promises of secrecy had been made to third parties. No such promise of secrecy could permissibly have been made by ICANN, unless it would not have been feasible to conduct decision making without such promises.

    Under the present ICANN bylaws, it is not sufficient to legitimize promises of confidentiality to argue that closed decision making, or decision making informed by information that could be obtained under promise of confidentiality, would result in different decisions, or would be in your opinion be preferable, to open and transparent decision making.

    ...

    You say that, "We understand that you have indicated a desire to seek independent review of the ICANN Board's decision to approve the delegation of .TRAVEL." You appear to have misunderstood the plain language of my request. I have not "indicated a desire to seek" independent review. I have made a formal request for independent review and for stay pending independent review. ICANN is required by its own bylaws to refer this request to an IRP, and to allow the IRP authority to make a meaningful recommendation concerning a stay.

    This is not a discretionary obligation. ICANN's continuing failure to refer my outstanding request to an IRP, and ICANN's failure (as evidenced by its signing of a contract for ".travel" with Tralliance Corp. on 5 May 2005, by which time my request had been outstanding and unanswered for almost a month) to respect the authority of the IRP to recommend a stay, is an ongoing material violation of ICANN's own bylaws and ICANN's contractual commitment to the USA Department of Commerce.

    To the extent that you are party to these decisions (which I do not know and cannot know, because of the lack of transparency of ICANN's decision making process), it is a violation of your obligations as an officer of the corporation. I appeal to you as an officer of the corporation to bring its conduct into compliance with its bylaws and contractual obligations.


     
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    · Also by michael
     
    This discussion has been archived. No new comments can be posted.
    Ed Hasbrouck Wants ICANN to Play By the Rules | Log in/Create an Account | Top | 17 comments | Search Discussion
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    Full copy of procedures
    by KarlAuerbach on Wednesday May 18 2005, @01:56PM (#15294)
    User #3243 Info | http://www.cavebear.com/
    I see that Ed H. is asking for a full copy of ICANN's procedures regarding independent review.

    I doubt that such exists. Sure there may be partial documents. But as I discovered while on the board, much that ICANN does is frequently justified only by whim and often driven by spite.

    I have had a request for independent review pending since sometime around year 1999.

    I agree with Ed H. that ICANN has a rather Orwellian interpretation of the words "open", "transparent", and "accountable".

    But it goes deeper - the US Department of Commerce, which tries to maintain a rather transparent kind of deniability about being ICANN's parent - interacts with ICANN in a kind of administrative dance of the seven veils.

    Another intriguing part of ICANN's secrecy is its incestuous relationship with the law firm that created it and for which ICANN now acts as money-pump.

    Yes, the .travel situation stinks to high heaven.
    [ Reply to This | Parent ]
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