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

["kidsearch" <kidsearch@xxxxxxxxxxxxx>]

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;

That pretty much covers the registerfly situation. Thanks Veni for confirming that inaction of the BoD has affected users and that the omnibudsman should be involved. Failure of the board to act on complaints about registerfly in a timely manner affected users who were not vendors. That makes it Frank's business to assist in dispute resolution per part 3. Part 2 just says he is supposed to screen out complaints that have nothing to do with ICANN. An accredited registrar harmed users and behaved in a manner that disrupted their businesses. The fact they are accredited by ICANN makes their attention to this a necessity.

Chris McElroy aka NameCritic
http://www.articlecontentprovider.com


----- Original Message ----- 
From: "veni markovski" <veni@xxxxxxxx>
To: "Karl Auerbach" <karl@xxxxxxxxxxxx>; "Roberto Gaetano" <roberto@xxxxxxxxx>
Cc: <ga@xxxxxxxxxxxxxx>
Sent: Monday, February 26, 2007 6:43 PM
Subject: Re: [ga] Registerfly loses approximately 75,000 customer domains


> 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.
> 
> 
>