Friday, 8 April 2005

Request for independent review of ".travel"

Today the Board of Directors of ICANN voted — as the culmination of a process conducted in flagrant violation of ICANN’s own Bylaws (“ICANN and its constituent bodies shall operate to the maximum extent feasible in an open and transparent manner”) — to approve an agreement with Tralliance Corp. (a front for the airline cartel IATA) for the creation of a “.travel” top-level Internet domain.

I have requested that this decision be referred to a review panel independent of ICANN, and be stayed pending independent review, in accordance with ICANN’s Bylaws.

(More information and background is in the relevant sections of my blog and Web site and my articles at ICANNWatch. My request for independent review concerns the closed process ICANN used to evaluate the “.travel” applications, although I also submitted comments to ICANN last year on the substance of the “.travel” application, at least to the limited extent that the details of the application had been made public.)

From: Edward Hasbrouck
Subject: Request for independent review
Cc: “ICANN Board members”,
Date: Fri, 08 Apr 2005 05:56:02 -0800

I request that this message be entered into the record of today’s Board meeting and posted on the ICANN Web site.

I again request, for the reasons stated in my comments to yesterday’s public forum, that today’s resolution of the ICANN Board of Directors to approve a “.travel” agreement be referred to an independent review panel (IRP) in accordance with Article 4, section 3 of the Bylaws.

I again request that the Board, President, and staff stay any action on a “.travel” agreement until such time as the Board reviews and acts upon the opinion of the IRP, and while this request for a recommendation from the IRP for a stay is pending. If the Board does not stay its decision, that will deprive the IRP of any meaningful “authority” (as the IRP is given under the Bylaws) to make any meaningful recommendation for a stay.

I reserve the right to make additional written submissions to the IRP once the policies and procedures for independent review have been determined.

And I again request notice, as far in advance and in as much detail as is known, of the time, place, and manner of any meetings to be held by ICANN or any of its constituent bodies, and for copies of any documents to be considered by them, related to “.travel”, to my requests, or to policies for independent review of ICANN actions.

Edward Hasbrouck

[Addendum, 10 April 2005: There’s still no mention of my requests on the ICANN Web site, but I did receive an e-mail message from Vint Cerf, Chair of the Board of Directors of ICANN, that, “Your communication is noted and referred to counsel.”]

Link | Posted by Edward on Friday, 8 April 2005, 07:11 ( 7:11 AM)
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