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[Comment-Irac] Principles

Given the resolution being passed that the ICANN Board of Directors prepare a written policy implementing the Principles for Independent Review submitted by IRAC, it appears that the IRP will be doomed from its conception.  See http://www.icann.org/santiago/santiago-resolutions.htm.  The lack of any true remedial power in the IRP will only create frustraion for claimants seeking to demonstrate violations on the part ICANN.  See Principle 21.  While it is evident that the U.S. Goverment seeks to place the management of the DNS within the authoritative control of ICANN. See Memorandum of Understanding between ICANN and the U.S. Dept. of Commerce. Without a proper agency of redress effectively established within this structure individuals will seek out remedial measures that can be afforded them within their respective soverign nations, thus bringing about the govermental interference in this aspect of the Internet which was sought to be avoided by the U.S. Goverment in its reorganization process of the DNS. See Management of Internet Names and Addresses("The White Paper").  Therefore, I submit that the IRP should be allowed to stay or overrule the ICANN Board of Directors decisions regarding violations of its Articles of Incorporation(or Bylaws).  In order to ensure that the IRP is not erractic in nature in effectuating this concept the IRP should only be allowed to stay or overrule a decision of the ICANN Board if the Board's action is found to be of such a contrary nature that there is no rationale relation between the Article of Incorporation(or Bylaw) in dispute and the alleged act by the Board.
Yohance Kefense McCoy
St. Thomas University School of Law