Re: [ga] Registerfly loses approximately 75,000 customer domains

[veni markovski <veni@xxxxxxxx>]

Karl,
as usual I was expecting that you will bring us back into history.

Here's what the by-laws says:


The Office of Ombudsman shall:

1. facilitate the fair, impartial, and timely resolution of problems 
and complaints that affected members of the ICANN community 
(excluding employees and vendors/suppliers of ICANN) may have with 
specific actions or failures to act by the Board or ICANN staff which 
have not otherwise become the subject of either the Reconsideration 
or Independent Review Policies;

2. exercise discretion to accept or decline to act on a complaint or 
question, including by the development of procedures to dispose of 
complaints that are insufficiently concrete, substantive, or related 
to ICANN's interactions with the community so as to be inappropriate 
subject matters for the Ombudsman to act on. In addition, and without 
limiting the foregoing, the Ombudsman shall have no authority to act 
in any way with respect to internal administrative matters, personnel 
matters, issues relating to membership on the Board, or issues 
related to vendor/supplier relations;

3. have the right to have access to (but not to publish if otherwise 
confidential) all necessary information and records from ICANN staff 
and constituent bodies to enable an informed evaluation of the 
complaint and to assist in dispute resolution where feasible (subject 
only to such confidentiality obligations as are imposed by the 
complainant or any generally applicable confidentiality policies 
adopted by ICANN);

4. heighten awareness of the Ombudsman program and functions through 
routine interaction with the ICANN community and online availability;

5. maintain neutrality and independence, and have no bias or personal 
stake in an outcome; and

6. comply with all ICANN conflicts-of-interest and confidentiality policies.


Anything else is just interpretation. As to Frank, I know him and his 
work, and have been impressed by its quality. I wouldn't compare him 
to you as an "elected director", because this is to compare apples 
with oranges. If the energy spent on this list for going back into 
history, could have been used to produce power, then global warming 
would not be a problem :-)


At 02:14 PM 2/26/2007  -0800, Karl Auerbach wrote:

> Part of the difficulty is that the incumbent ombudsman is a person 
> who sees trees and never perceives the forest, and is a person who 
> seems intent finding ways to avoid than in ways to solve.  An 
> amusing comparison can be made between ICANN's ombudsman and The 
> Circumlocution Office as described by Dickens in Chapter 10 of the 
> novel "Little Dorrit" - http://www.gutenberg.org/dirs/etext97/ldort10.txt
>
> ICANN's "reform" created both the ombudsman role and the ALAC, both 
> have proved to be inadequate replacements for directors nominated 
> and elected by the community of internet users.  The sign of a 
> progressive, enlightened organization is that it corrects such mistakes.
>
>                 --karl--



Veni Markovski
http://www.veni.com

check also my blog:
http://blog.veni.com

The opinions expressed above are those of the author,
not of any organizations, associated with or related to
the author in any given way.