Friday, 26 August 2005

ICANN claims to think I've given up on independent review

I checked my e-mail occasionally, but I heard nothing from ICANN this northern hemisphere summer (austral winter) while I was travelling in southern Africa -- although the .travel" top-level domain (TLD) was added to the root during that time. My last message to ICANN's General Counsel and Secretary, Mr. John Jeffrey, remained unanswered.

Once I got home, I wrote to ICANN to ask what (if anything) they planned to do, and when (if ever), with respect to my request for independent review of the process by which ICANN made its decision on ".travel", and my request for reconsideration of the lack of openness and transparency of the ICANN Board of Directors "meeting" of 3 May 2005, at which further discussion of TLD's was on the last-minute agenda.

Late last night, in reply to a query from the Chairman of ICANN's Board of Directors, Mr. Vinton G. Cerf, I finally got an answer from Mr. Jeffrey, claiming:

We have been under the impression until recently that Mr. Hasbrouck had abandoned his various requests for review, based upon his failure to respond to the Ombudsman's Office and the quality of his response to my own email.

I have immediately responded to Messrs. Jeffrey and Cerf, reiterating that my requests remain outstanding, and that I have neither "fail[ed] to respond to the Ombudsman's Office" nor given any indication that I have "abandoned" my "various requests for review".

I have nothing personal against Mr. Jeffrey. I know nothing about him personally. So far as I know, we have never met, and I wouldn't recognize him if we did. My only communication with him has been by e-mail, in relation to ICANN business. But as I have said in my latest message to his employers -- ICANN's CEO (Mr. Paul Twomey) and Chairman of the Board:

I do not find it credible that Mr. Jeffrey sincerely believes that this message was intended to indicate my "abandonment" of my requests.

I've also noted repeatedly, in my published articles on this topic, that my request for independent review remains outstanding.

Following is the complete exchange of recent follow-up messages to my requests for independent review and for reconsideration and my previously posted messages from and to Mr. Jeffrey. I've edited out only the repetition of the thread of previous correspondence which was attached to each message:


From: "Edward Hasbrouck" edward@hasbrouck.org
To: "John Jeffrey" jeffrey@icann.org
Subject: Re: Pending requests for independent review and stay
Date: Thu, 11 Aug 2005 19:01:12 -0800

I have received no response to my e-mail message of 17 May 2005, as below .

I have also received no notice of any action by ICANN on my requests for independent review and stay pending independent review, and no notice of any meeting by any ICANN body concerning policies and procedures for independent review.

Please advise what action (if any) ICANN intends to take, and when, concerning my request for independent review and stay pending independent review, and formulation of policies and procedures for independent review.

Sincerely,

Edward Hasbrouck


From: "Edward Hasbrouck" edward@hasbrouck.org
To: "Vinton G. Cerf" vinton.g.cerf@mci.com
Subject: RE: Request for independent review
Date: Thu, 11 Aug 2005 19:03:55 -0800

I have received no notice of any action by ICANN on my requests for independent review and stay pending independent review, and no notice of any meeting by any ICANN body concerning policies and procedures for independent review.

Please advise what action (if any) ICANN intends to take, and when, concerning my requests (as acknowledged by you in the message copied below) for independent review and stay pending independent review, and formulation of policies and procedures for independent review.

Sincerely,

Edward Hasbrouck


Date: Fri, 12 Aug 2005 08:39:37 -0400
From: "Vinton G. Cerf" vinton.g.cerf@mci.com
Subject: RE: Request for independent review
To: "Edward Hasbrouck" edward@hasbrouck.org

Mr. Hasbrouck,

Again acknowledging receipt of your email. I will inquire of counsel as to the disposition of this request.

Vint

Vinton Cerf, SVP Technology Strategy, MCI
22001 Loudoun County Parkway, F2-4115
Ashburn, VA 20147
+1 703 886 1690, +1 703 886 0047 fax
vinton.g.cerf@mci.com


From: "Edward Hasbrouck" edward@hasbrouck.org
To: "Vinton G. Cerf" vinton.g.cerf@mci.com
Subject: RE: Request for independent review
Date: Thu, 25 Aug 2005 08:48:28 -0800

On 12 Aug 2005 at 8:39, "Vinton G. Cerf" vinton.g.cerf@mci.com wrote:

Again acknowledging receipt of your email. I will inquire of counsel as to the disposition of this request.

Thank you for looking into this.

When should I expect a reply regarding the status and ICANN's intentions and schedule for action on my request for independent review?

Sincerely,

Edward Hasbrouck


Date: Fri, 26 Aug 2005 01:50:24 -0400
From: "Vinton G. Cerf" vinton.g.cerf@mci.com
Subject: RE: Request for independent review
To: "Edward Hasbrouck" edward@hasbrouck.org
Cc: "Paul Twomey" twomey@icann.org , "jeffrey@icann.org"mailto:jeffrey@icann.org

Mr. Hasbrouck,

I have copied the ceo and the general counsel. One obvious question bearing on any answer is the conditions that must be met to initiate such an independent review.

John Jeffrey, are you able to assess whether the conditions are met by Mr. Hasbrouck?

Vint

Vinton Cerf, SVP Technology Strategy, MCI
22001 Loudoun County Parkway, F2-4115
Ashburn, VA 20147
+1 703 886 1690, +1 703 886 0047 fax
vinton.g.cerf@mci.com


From: "John Jeffrey" jeffrey@icann.org
To: "Vinton G. Cerf" vinton.g.cerf@mci.com
Cc: "Paul Twomey" "twomey@icann.org"mailto:twomey@icann.org , "Edward Hasbrouck" edward@hasbrouck.org
Subject: RE: Request for independent review
Date: Thu, 25 Aug 2005 23:22:29 -0700

We have been under the impression until recently that Mr. Hasbrouck had abandoned his various requests for review, based upon his failure to respond to the Ombudsman's Office and the quality of his response to my own email. I will review the facts relating to his contentions in his email below and will get back with Mr. Hasbrouck formally after my office's review is completed.

Best regards,
John

John O. Jeffrey
General Counsel
ICANN
Jeffrey@ICANN.org
+1.310.301.5834 direct
+1.310.404.6001 mobile


From: "Edward Hasbrouck" edward@hasbrouck.org
To: "John Jeffrey" jeffrey@icann.org
Subject: RE: Request for independent review
Cc: "Paul Twomey" , vinton.g.cerf@mci.com
Date: Fri, 26 Aug 2005 00:14:27 -0800

On 25 Aug 2005 at 23:22, "John Jeffrey" jeffrey@icann.org wrote:

We have been under the impression until recently that Mr. Hasbrouck had abandoned his various requests for review, based upon his failure to respond to the Ombudsman's Office and the quality of his response to my own email.

(1) I have never given any indication of abandonment of my requests for independent review, stay pending independent review, and notice of any meeting to consider this request or policies or procedures for independent review. In each of my communications to Mr. Jeffrey I have reiterated my continued request for independent review, stay, and notice of any meeting to consider my requests or independent review policies, and I do so again now.

(2) I do not know on what basis Mr. Jeffrey claims that I "failed to respond to the Ombudsman's Office". I have responded fully and promptly to each and every communication I have received from the Ombudsman's Office. And my communications with the the Ombudsman's Office should not, in any case, form the basis for any ICANN decision-making.

(3) I do not know on what basis Mr. Jeffrey claims that "the quality of his response to my own email" indicates in any way that I had abandoned my request for independent review. My response to his e-mail message is not posted on the ICANN Web site, but I have posted it in its entirely at:

http://hasbrouck.org/blog/archives/000585.html

I said in that message:

"[P]lease (1) refer my request to an IRP, or to the person or body within ICANN responsible for making that mandatory referral, (2) stay any action by ICANN on the disputed matters pending receipt of the recommendation of the IRP concerning a stay, and [3] advise me of the date, time, place, manner, and available means for attending, observing, or auditing any meeting of ICANN or any constituent body to consider my request [or] independent review policies, as soon as such a meeting is planned or scheduled."

I do not find it credible that Mr. Jeffrey sincerely believes that this message was intended to indicate my "abandonment" of my requests. And I urge the Board to consider whether Mr. Jeffrey's making of such a patently false claim, in his capacity as legal counsel to the corporation, is indicative of professional competence, honesty, or fitness for his office.

(4) Mr. Jeffrey says, "We have been under the impression...", but he does not say to whom the plural "we" refers, other than to himself. I have received no notice of any ICANN meeting to consider my request. I reiterate my request that you advise me of the date, time, place, manner, and available means for attending, observing, or auditing any meeting of ICANN or any constituent body to consider my request or independent review policies, as soon as such a meeting is planned or scheduled.

I also reiterate to each of you, Mr. Twomey and Mr. Cerf as well as Mr. Jeffrey, that as I said earlier,

"ICANN's continuing failure to refer my outstanding request to an IRP, and ICANN's failure (as evidenced by its signing of a contract for ".travel" with Tralliance Corp. on 5 May 2005, by which time my request had been outstanding and unanswered for almost a month) to respect the authority of the IRP to recommend a stay, is an ongoing material violation of ICANN's own bylaws and ICANN's contractual commitment to the USA Department of Commerce.

To the extent that you are party to these decisions (which I do not know and cannot know, because of the lack of transparency of ICANN's decision making process), it is a violation of your obligations as an officer of the corporation. I appeal to you as an officer of the corporation to bring its conduct into compliance with its bylaws and contractual obligations."

I request that this message be forwarded to ICANN's Board of Directors (there is no contact e-mail address for the Board as a whole on the ICANN Web site, and not all members of the Board have e-mail addresses listed on the ICANN Web site), so that they will also be aware of my ongoing requests, and my ongoing objection to ICANN's failure to act on them as required by the Bylaws and the MOU with the USA Department of Commerce.

Please advise me promptly of any action or decision with respect to these requests. I look forward to prompt notice that ICANN has referred my request to an Independent Review Panel and stayed its action on ".travel" pending the reocmmendation of the IRP concerning a stay; or that ICANN has stayed its action on ".travel" and scheduled an open and transparent (to the maximum extent feasible) process of developing policies and procedures for independent review, to comply with the requirement of the Bylaws that "ICANN shall have in place a separate process for independent third-party review of Board actions alleged by an affected party to be inconsistent with the Articles of Incorporation or Bylaws."

Should you have any questions, confusion, or uncertainty about my requests, please let me know so that I can attempt to clarify them.

Sincerely,

Edward Hasbrouck


From: "Edward Hasbrouck" edward@hasbrouck.org
To: jeffrey@icann.org , twomey@icann.org , vinton.g.cerf@mci.com
Subject: (Fwd) Re: my request for reconsideration of 16 May 2005
Cc: reconsider@icann.org
Date: Fri, 26 Aug 2005 00:35:15 -0800

My request for reconsideration is on a separate issue, and was made and acknowledged separately, from my request for independent review. But since Mr. Jeffrey has claimed to believe that I had abandoned "my various requests", I am also forwarding my most recent message to the Reconsideration Committee, so that there will be no possible doubt that this request also remains outstanding and not abandoned.

Sincerely,

Edward Hasbrouck

------- Forwarded message follows -------

From: "Edward Hasbrouck" edward@hasbrouck.org
To: reconsider@icann.org
Subject: Re: my request for reconsideration of 16 May 2005
Date sent: Wed, 17 Aug 2005 09:05:23 -0800

I have received no further communication from the Reconsideration Committee or anyone at ICANN concerning my request for reconsideration, which was acknowledged by Mr. Jeffrey and forwarded to the Committee on 16 May 2005. My request has not been posted on the ICANN Web site, I have received no notice or report of any meeting of the Committee or any ICANN body to consider my request, and no recommendation by the Committee to the Board concerning my request has been posted on the ICANN Web site.

I call to your attention that more than 90 days have passed since your receipt of my request, and that -- as I am sure you are aware -- ICANN's Bylaws require that, (1) all requests for reconsideration, without exception, regardless of whether or how they are acted on, must be posted on the ICANN Web site, (2) the Committee must, within 90 days of receipt of any request for reconsideration, either report its recommendations concerning that request to the Board, or report "the circumstances that prevented it from making a final recommendation and its best estimate of the time required to produce such a final recommendation", and (3) "The final recommendation shall be posted on the Website".

I reiterate my request for reconsideration and my request for notice of any meeting of the Committee or any ICANN body concerning my request.

Sincerely,

Edward Hasbrouck

------- Forwarded message follows -------

From: "Edward Hasbrouck" edward@hasbrouck.org
Subject: Re: Lack of openness and transparency of 3 May 2005 Board "meeting"
To: "John Jeffrey" jeffrey@icann.org
Copies to: reconsider@icann.org
Date sent: Tue, 17 May 2005 11:55:06 -0700

On Mon, 16 May 2005 18:17:06 -0700, "John Jeffrey" jeffrey@icann.org wrote:

We have received your request for reconsideration and have forwarded it to the ICANN Board's Reconsideration Committee for handling.

Thank you.

Please inform me as soon as any meeting of the Reconsideration Commitee or any other ICANN body is scheduled to consider my request for reconsideration, including the date, time, place, and manner of that meeting and what means are available for attending, observing, and/or auditing the meeting.

If it is your decision or ICANN's decision to deny this request for notice and access to such a meeting, in whole or in part, please inform me as soon as you or ICANN has made such a decision, and inform me of the person or body responsible for the decision and the reason(s) for the decision.

Sincerely,

Edward Hasbrouck

------- End of forwarded message -------

Link | Posted by Edward on Friday, 26 August 2005, 00:12 (12:12 AM) | TrackBack (0)
Comments
Post a comment









Save personal info as cookie?