Re: [ga] ndependent review and information disclosure policies posted

["Edward Hasbrouck" <edward@xxxxxxxxxxxxx>]

On 27 Jun 2007 at 11:55, "Karl Auerbach" <Karl Auerbach 
<karl@xxxxxxxxxxxx>> wrote:

> Without going into great detail, what is the 
> current status of the independent review mechanism and provider as you 
> perceive it?

The Board has never voted to designate an IRP, or to approve independent 
review procedures, as required by the Bylaws.

Many months after I made my request for independent review, ICANN started 
claiming that they had already designated an IRP.  Apparently this claim 
is based on a previous resolution than did not actually desgnate an IRP, 
approve procedures, or conform to the procedural rules in the Bylaws:

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

I pointed this out, and asked ICANN to explain the basis of its claim to 
have designated an IRP and approved procedures:

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

Those questions remain unanswered, more than a year after I asked them.

ICAMM has provided some information about "ICDR" as the purported IRP, but 
has never provided any basis for the claim that ICDR has been properly 
designated as the IRP.

ICANN has, apparently, continued to hold secret ex parte discussions with 
the purported IRP, without notice to me, or you, or any others whose 
requests are pending, and has now posted purported policies for 
independent review which (1) were not adopted in accordance with the 
procedural rules in the Bylaws, and (B) are in fundamental substantive 
conflict with the requirements of the Bylaws (as would have been pointed 
out if they had been subject to public discussion and comment):

http://forum.icann.org/lists/draft-mop-2007/msg00001.html
http://forum.icann.org/lists/draft-mop-2007/msg00002.html

My request for independent review remains pending (unless some action has 
been taken on it improperly in secret).

My request for a stay pending indpendent review remains pending (unless 
some action has been taken on it improperly in secret).

If I am operating from incomplete information, that is because the 
discussions, if any, concering (A) designation of an IRP, (B) independent 
review procedures, (C) my request, and (D) relations between ICANN and the 
purported IRP have all been conducted in secret, despite my requests for 
access to them under the transparency Bylaw.  The original basis of my 
request is ICANN's failure to comply with its transparency Bylaw.


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