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Re: Post-ICANN
by Edward Hasbrouck

ICANN doesn't "have an independent review process". It has an independent review Bylaw. The process has yet to be defined, unless it's been done (invalidly) in secret. Dr. Cerf entirely ignored my detailed analysis of the resolution he now claims designates the IRP and approves its procedures. Maybe the IRP is purportedly designated, and procedures purportedly approved, in the contract (if there is one) between ICANN and ICDR authorized by that resolution -- but that contract remains secret.

I've been asking, in writing, repeatedly, for almost a year, for copies of any purported agreement(s) between ICANN and any provider(s) of independent review services, and have received nothing in response.

There is a direct contradiction between Dr. Cerf's new claim that Resolution 04.33, which on its face merely authorizes a possible contract, actually designates the IRP and approves its procedures, and his failure to provide me with that contract previously when I have asked for any such agreement(s).

The Board needs to admit that mistakes were made: Whatever the Board thought it was doing, and whatever staff told them it was doing, when it adopted that resolution, it didn't comply with any of the procedural requirements of the Bylaws for a policy decision. To comply with the Bylaws, the Board needs to initiate a proper policy development process to designate an IRP and put in place procedures for independent review.

But if you believe in good faith that ICANN has an independent review process, please tell me the URL where it is specified. (The only "pointer" Mr. Jeffrey has given me is to the ICDR home page. Diligent search of that Web site reveals no procedures identified as applicable to requests for independent review of ICANN decisions, or that could be used for that purpose without substantive modifications.) And if you think it is contained in an agreement between ICANN and ICDR, please send me a copy of that agreement or tell me where it is published, since Dr. Cerf and Mr. Jeffrey have, for the last year, ignored my requests for it or any agreement(s) between ICANN and any independent review provider(s).

I presume that you prefer to conduct this discussion here in your blog, since this is the only place you have replied to any of my messages to the Board (each of which I have requested Mr. Jeffrey to forward to all members of the Board). But please feel free to e-mail or telephone me -- I'd be happy to hear from you.

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