"It appears, from ICANN's replies to my most recent attempts to obtain independent review of an ICANN decision, that ICANN is willing to alow some sort of arbitration (not satisfying the requirements of ICANN's Bylaws), but *only* if I agree to allow ICANN staff to make up the rules for the arbitration as they go along, in secret, and to impose both rules of their choice and an arbitration provider of their choice, unilaterally and retroactively, rather than following the procedures required by ICANN's Bylaws for the process of developing independent review policies.
Clearly, the choice of an independent review provider -- the highest level of oversight within ICANN's structure -- and the development of procedures for independent review are policy questions of the highest significance, and are subject to ICANN's decision-making rules including those in Article III, Section 6 of ICANN's Bylaws.
My most recent message to ICANN, in which I enumerate the requirements of ICANN's Bylaws for policy decisions: http://hasbrouck.org/blog/archives/001007.html
In light of these messages from ICANN's Chairman and Secretary, I request the assistance of the ALAC in getting ICANN to comply with the requirements of ICANN's Bylaws that ICANN "have in place procedures" for independent review, and designate an independent review provider, in accordance with the rules in ICANN's Bylaws for policy decisions.
Specifically, I ask that ALAC make a public, formal, request to ICANN's Board of Directors that the Board:
(1) Consider and act on my pending request for a stay of the questioned decision of the Board pending independent review;
(2) Begin the process of developing procedures for independent review, and designating an independent review provider, in accordance with the rules for policy development and decison-making in ICANN's Bylaws, including the requirement for the maximum extent feasible of openness and transparency in this process; and
(3) Schedule and give notice of consideration of items (1) and (2) above at a maximally transparent public meeting of the Board of Directors open to public attendance (if it is held in person), telephone auditing, and/or Webcasting.