ICANNWatch
 
  Inside ICANNWatch  
Submit Story
Home
Lost Password
Preferences
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    Board of Directors ICANN finally might appoint an ombudsman
    posted by michael on Monday February 23 2009, @02:21PM

    ehasbrouck writes "A mysterious item has appeared on the Board meeting page in the agenda for the 6 March 2009 Board meeting in Mexico City: "Approval of Ombudsman".

    I suspect this means that ICANN has finally noticed from my recent comments on the abolition of the reconsideration Committee that they have never appointed an Ombudsman, and have thus been in violation of their Bylaws. I don't know why they have finally noticed or decided to act.



    As I pointed out in 2007:

    ICANN's Bylaws require that, "The Ombudsman shall be appointed by the Board for an initial term of two years, subject to renewal by the Board."

    ICANN announced [in a press release] in November 2004 that an Ombudsman had been appointed. But there is no record in the publicly-disclosed minutes of meetings of the Board of Directors that such an appointment was ever made by the Board. And more than two years have passed, with no record of any decision to renew any such appointment.

    Since most Board meetings are secret, and some minutes have never been published, it's impossible for the public to tell if the Board secretly appointed and/or renewed the apointment of an Ombudsman (in violation of the transparency Bylaw), or if an Ombudsman was appointed by some entity other than the Board (in violation of the Ombudsman Bylaw). But it's clear from even cursory comparison of the Bylaws with ICANN's public records that the person acting as Ombudsman has not been properly appointed, and that one or the other Bylaw has been violated....

    The person acting as Ombudsman has committed such grave breaches of professional ethics and the Bylaws that they would clearly be unfit for the position, even if they were now proposed for appointment by the Board. In my case, the person acting as Ombudsman intervened -- successfully -- to block my access to the reconsideration process on a different issue, even though he knew or reasonably should have known that it would be a violation of ICANN's Bylaws for his opinions to be used as a basis for that action by the Reconsideration Committee.

    There is no formal proposal yet posted for the appointment of an Ombudsman. It will be interesteing to see how ICANN tries to explain why it is only now, years late, appointing an Ombudsman, whether it allows public comment on the proposed choice of an Ombudsman -- or why the person who has been acting as Ombudsman paid so little attention ot the Bylaws or precedural due process that he didn't notice that he was required to be appointed by vote of the Board.

    In any event, since the (illegal) "incumbent" is clearly unqualified, it's now time for the community, or would-be candidates themselves, to put forward nominations for the position of ICANN Ombudsman -- if you can figure out the correct point of contact for such nominations."

    Same Old, Same Old | Dynamic Network Services Vlogging at ICANN 34  >

     
      ICANNWatch Login  
    Nickname:

    Password:

    [ Don't have an account yet? Please create one. It's not required, but as a registered user you can customize the site, post comments with your name, and accumulate reputation points ("karma") that will make your comments more visible. ]

     
      Related Links  
    · ICANN
    · block my access to the reconsideration process
    · ehasbrouck
    · Board meeting page
    · recent comments on the abolition of the reconsideration Committee
    · More Board of Directors stories
    · Also by michael
     
    ICANN finally might appoint an ombudsman | Log in/Create an Account | Top | 6 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Revised agenda
    by ehasbrouck on Thursday February 26 2009, @09:20AM (#16993)
    User #3130 Info | http://hasbrouck.org
    The day after I posted this article, the agenda item was changed from "Approval of Ombudsman" to "Approval of Ombudsman Framework". Maybe they *still* aren't going to properly appoint an Ombudsman. I don't know. No specific proposal has been posted yet for Board action unbder this agenda item, or for public comment.

    The Board has never appointed an Ombudsman, unless they have done so in secret (and thus in violation of the transparency Bylaw). But the (proposed?) Ombudsman Framework [icann.org] says, "The Office of Ombudsman reports only to ICANN's Board of Directors. The Ombudsman cannot be removed from office, except by a 75% majority vote of the board." The Ombudsman Framework doesn't mention the requirement in the Bylaws that the Ombudsman must be appointed by the Board.

    [ Reply to This | Parent ]
    More details and follow-up
    by ehasbrouck on Friday March 06 2009, @05:23AM (#16998)
    User #3130 Info | http://hasbrouck.org
    Still trying to get answers from ICANN [hasbrouck.org]
    [ Reply to This | Parent ]


    Search ICANNWatch.org:


    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com