[ga] follow-up in reply to Mr. Fowlie's blog comment

["Edward Hasbrouck" <edward@xxxxxxxxxxxxx>]

Once again I responded to Mr. Fowlie's follow-up comments in his blog, and 
once again my latest comments initially appeared, but then disappeared 
within a few hours.  So once again I have re-posted them on ICANNwatch at:

http://www.icannwatch.org/comments.pl?sid=2068&cid=16997

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Mr. Fowlie:

The “confirmation” [of the appointment of an Ombudsman] you link to in 
your comment is a press release. The Bylaws specifically require (for good 
reason, I presume) that the Ombudsman must be appointed by the Board. They 
do not permit that function to be delegated, nor is there any record of an 
attempt at such delegation. The Bylaws require specific procedures 
(meeting notices, posted agendas, public comment forums, openness and 
transparency, etc.) for Board decisions.

The Bylaws do not permit the Board to make decisions by press release.

If you or the Board believes that an Ombudsman has been appointed in 
accordance with the Bylaws, and/or that such an appointment has been 
renewed after the expiration of the initial 2 year term specified by the 
Bylaws, I request in accordance with the Bylaw on transparency that you 
provide:

(1) the URL of the minutes of any Board meeting recording a resolution to 
appoint an Ombudsman and/or renew that appointment, the text of that 
resolution, and the vote on that resolution;

(2) the URL at which notice was given of any such meeting;

(3) the URL at which any such proposal for appointment and/or renewal of 
appointment of an Ombudsman was posted in advance of that meeting; and

(4) the URL recording the public forum which was provided for comment on 
that proposal.

To the best of my knowledge and belief, after diligent search of the ICANN 
Web site, no such URL’s exist.

You are not ICANN’s duly appointed Ombudsman. You never have been ICANN’s 
duly appointed Ombudsman. If you had been duly appointed in 2004, your 
initial appointment would have expired in 2006. ICANN has never properly 
appointed *anyone* as Ombudsman, and has never renewed any appointment of 
an Ombudsman.

Sincerely,

Edward Hasbrouck


----------------
Edward Hasbrouck
<edward@xxxxxxxxxxxxx>
<http://hasbrouck.org>
+1-415-824-0214