[IP] ICANN is never wrong (Hasbrouck saga continues)

[David Farber <dave@farber.net>]

Begin forwarded message:

From: "James S. Tyre" <jstyre@jstyre.com>
Date: January 19, 2006 12:13:35 PM EST
To: eff-infra@eff.org
Cc: Wendy Seltzer <wendy@seltzer.com>
Subject: [E-INFRA] ICANN is never wrong (Hasbrouck saga continues)

http://blog.lextext.com/blog/_archives/2006/1/19/1714991.html
ICANN Is Never Wrong
by Bret Fausett on Thu 19 Jan 2006 08:23 AM PST  |  Permanent Link   
|  Cosmos
If you've been following the practical problems of The Practical  
Nomad in getting an Independent Review out of ICANN, you'll want to  
read the latest salvo from ICANN's General Counsel. Brief background:  
At the recent ICANN Public Forum in Vancouver, ICANN's Board Chair  
Vint Cerf pledged to a patient yet dogged Edward Hasbrouck that  
"GENERAL COUNSEL IS PREPARED TO PROVIDE YOU WITH THE DETAILS OF HOW  
TO GO ABOUT THIS PROCEDURE [AN INDEPENDENT REVIEW]."

At the ICANN Board meeting the following day, ICANN's Counsel read a  
letter to Mr. Hasbrouck stating "PLEASE PROVIDE US WITH YOUR FORMAL  
IRP REQUEST IN WRITING, AND WE WILL FORWARD YOUR REQUEST TO THE  
INTERNATIONAL CENTER FOR DISPUTE RESOLUTION, WHICH ICANN HAS  
DESIGNATED TO PROVIDE INDEPENDENT REVIEW SERVICES IN ACCORDANCE WITH  
THE BYLAWS." Mr. Hasbrouck immediately did so, agreeing (under  
protest) to ICANN's financial preconditions and attaching his  
previous Independent Review request from months earlier.

ICANN's official response is truly mind-boggling. If you follow ICANN  
closely, you really ought to read it. It has enormous impact on the  
entire ICANN community. As background, remember that the IRP provided  
by the ICANN Bylaws provides that "Any person materially affected by  
a decision or action by the Board that he or she asserts is  
inconsistent with the Articles of Incorporation or Bylaws may submit  
a request for independent review of that decision or action."

....


--------------------------------------------------------------------
James S. Tyre                                      jstyre@jstyre.com
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net
Policy Fellow, Electronic Frontier Foundation     http://www.eff.org



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