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Same Old Shell Game All Over Again
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It looks as if ICANN is trying to achieve something and prove that there is always room for change. The evaluation team that will be created seems as a good beginning and a process that may result to more transparency. No way though, ICANN's dictionary doesn't know what transparence stands for. "The Board would not intrude in the evaluation process itself; its options would be to accept or to reject the results of the evaluation." So if the Board is in the position to reject the results of the evaluation, why should there be an evaluation in the first place?If the evaluation is to be rejected, its outcomes will never be known and will never be posted on ICANN's site. And why should they? The last thing that ICANN wants is another polemic to its functions and to the way they operate the DNS.
However and to make another point, what is really strange in my opinion is why in every meeting of ICANN - and there are a lot - nothing is discussed about the UDRP? Do they think that the system works? Well, if they do they are obviously blind; but most probably it is not that they are unaware of the whole situation, it is just that they don't want to dissapoint those for whose the system was created, trademark holders.
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Under applicable law the Board of Directors, as a collective body, has ultimate control over ICANN's acts.
Under applicable law, ICANN's Board of Directors is free to override any recommendation, any evaluation. In fact, Directors are obligated to exercise their independent judgement and not simply be mindless marionettes.
ICANN's Board, through its history of continued rejections of Requests for Reconsideration, its history of ignoring recommendations from the DNSO, and its interpretation of its own bylaws, has made it clear that the Board will not be bound even by its own by-laws.
I saw the report of the IP Address RIRs - I hope they recognize that if one admits that ICANN has a role in IP address allocations via any of its agreements with the US gov't that ICANN's board has the ultimate authority to allocate and revoke IP addresses no matter what the RIRs might think.
ICANN's history is one of arbitrary and capricious behaviour, unguided and unlimited by principles or rules.
Is ICANN likely to change its spots? Is the moon made of green cheese? Do pigs fly?
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