[ga] independent review request, provider, and procedures

["Edward Hasbrouck" <edward@xxxxxxxxxxxxx>]

During the "Accountability and Transparency Management Operating 
Principals Consultations Workshop" in San Juan on 27 June 2007, you said, 
according to the transcript posted by ICANN:

http://sanjuan2007.icann.org/files/sanjuan/SanJuan-
WorkshopAccountabilityTransparency-27June07.txt

"One thing that's interesting to staff is that there's not been an 
independent review process request. It's not been tested."

As you know, there have been requests for independent review.

I made a formal request for independent review on 8 April 2005:

http://hasbrouck.org/blog/archives/000554.html

If the transcript is accurate in reporting your statements, your claim 
this week that "there's not been an independent review process request" is 
(1) false, (2) knowingly false and made in bad faith, (3) contrary to your 
repeated public claims to have acknowledged that I have, in fact, made an 
request for independent review, and (4) as such, an act of culpable 
professional misconduct in your capacity as a member of the California 
bars and officer of a California corporation.

I invite you to retract your false claim, and to correct the public record 
with respect to your claim that neither I nor anyone else has made a 
request for independent review of a decision by ICANN.

According to the transcript, you also said:

"There is a provider.  The provider has been designated by the board in 
2004....  [W]e encourage you to use these accountability processes.  We 
take our work very seriously.  We're trying to be as accountable as we 
possibly can.  We think we make mistakes and we want to improve, so let us 
know how we can."

You can improve, professionally and in your official capacity as an 
officer of ICANN, by telling the truth in your public statements.

You and ICANN can improve by promptly scheduling and giving proper notice 
of a public meeting of the Board of Directors to (1) begin a policy 
development process to designate an independent review provider and 
develop procedures for independent review, in accordance with the 
procedural rules in ICANN's Bylaws, and (2) consider and act on my and any 
other pending requests for stay(s) pending independent review.

These are among the same suggestions for improvement that I made to you 
more than 18 months ago, 11 December 2005:

http://hasbrouck.org/blog/archives/000964.html

Finally, you said, according to the transcript:

"I look forward to your comments and if you have specific questions about 
this policy, please contact me, send an e-mail to me.  My e-mail address 
is jj@xxxxxxxxxx"

My specific questions about the independent review provider designation 
and policies are at:

http://hasbrouck.org/blog/archives/001007.html#procedures

I sent these questions to you 5 February 2006, but have received no answer 
to any of these specific questions.  In accordance with ICANN's Bylaw on 
transparency, I reiterate my request for this specific information.

I look forward to your answers to my long-standing questions, and to 
ICANN's action, in accordance with the substantive and procedural 
requirements of ICANN's Bylaws, on my even longer-standing requests for 
independent review and stay pending independent review.

Sincerely,

Edward Hasbrouck


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