Quote:
Originally Posted by FightThisPatent
this was something that Jeffrey Douglas, Tom Hymes, and myself were looking at about a year ago... the ICANN review process is very vague, and the reviiew panel has no power.. they can come up with a decision that is opposite of the board decision, but it means nothing.
There is nothing the bylaws that stated that the icann board had to listen to the independent review.
There was a guy who was asking for independent review over .travel, and he he kept banging his head on the icann walls, because they had not real clear procedures for a review and what it really mean in the end.
There are alot of ICANN observers that would love to get clarification on the independent review panel, so the only good thing that will come out of this, is that lawley may help to make that process clear, when .XXX gets shot down again
Fight the don't let the door hit your arse on the way out!
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Quote:
Originally Posted by Quentin
Is it a certainty that there will be a public comment period relating to the independent review? I didn't catch any reference to a public comment period in ICM's request for review, but I'm sure they don't really see an additional public comment period as being in their best interest, so that might have been a conscious omission on their part.
Hopefully, the request that the review board "declare that ICANN must immediately execute a registry agreement on terms and conditions substantially similar to ICM's draft registry agreement" proposed in Feb 2007 either proves a bridge too far for the review board, or executing such an agreement would trigger more public comment. On its face, the language of that request sounds like ICM is going for a knockout punch via the review board -- an attempt to bypass the question of public comment and more internal debate by the ICANN board, and simply execute the agreement pursuant to the demand of the review panel.
Of course, if the ICANN board can simply ignore the review panel's decision, ICM's individual requests relating to the independent review board's declarations could be moot, anyway.
Hopefully all of this will be clarified when ICM's request for review is answered/acted upon.
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I see this thread is bumped and it's good, as it raises awarness, but really, does anyone know what the procedure will be? When can we expect the Review Panel to meet? Have the panelists been appointed so far? How much time do they have for that and for taking a decision?
Looks like no one here can really answer these questions.
I haven't also noticed any attention to this subject from the mainstream media yet.
Neither a mention on icann.org website about the ICM's Petition.
Hopefully this is just the last act of desperation from ICM and I would be surprised if this Panel suddenly found some ground for reversing last year's Board's decision.
So..hm... I guess no one can answer the above questions.
This thread can be still bumped I guess, although as it seems right now, there's no need (or: no possibility) so submit any public comments to ICANN anyway.
Basically, if I understand it right, nothing is happening right now, ICANN got the petition and they're wondering how to handle it I guess.