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

  • To: Edward Hasbrouck <edward@xxxxxxxxxxxxx>
  • Subject: Re: [ga] follow-up in reply to Mr. Fowlie's blog comment
  • From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
  • Date: Sat, 28 Feb 2009 01:43:46 -0800

Ed and all,

  Well as most observant folks know that have been around ICANN,
they are not that fond of ICANNWATCH, but of course that is
somewhat understandable.  Seems to me that the on again, off again
Ombudsman situation/saga is one more of many such situations/sagas
that ICANN has become famous for.  Very unfortunate, and continually
disturbing!

Edward Hasbrouck wrote:

> 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
>
> =====
>
> Mr. Fowlie:
>
> The â??confirmationâ?? [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 URLâ??s exist.
>
> You are not ICANNâ??s duly appointed Ombudsman. You never have been ICANNâ??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

Regards,

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