Request for Reconsideration
Request 00-4
Submitted by: Bret Fausett
Date: 6 May 2000

From: Bret A. Fausett [fausett@lextext.com]
Sent: Saturday, May 06, 2000 12:59 PM
To: reconsider@icann.org
Cc: Andrew McLaughlin; Esther Dyson; Bret A. Fausett
Subject: Request for Reconsideration re: Art. III, Sec. 2 of Bylaws (Re-Send)

I understand that the following RFR was not received at the "reconsider@icann.org" mailbox, so I am re-sending. Thanks for your consideration and please let me know if you receive this copy.

-- Bret Fausett

----- Original Message -----

From: "Bret A. Fausett" (baf@fausett.com)
To: (reconsider@icann.org)
Sent: Monday, May 01, 2000 12:39 PM
Subject: Request for Reconsideration re: Art. III, Sec. 2 of Bylaws

Dear Reconsideration Committee:

Below please find my request for reconsideration submitted in accord with the ICANN reconsideration policy. Please feel free to contact me if you need any additional information.

This Request is not meant in any way to trivialize the RFR process, but is filed to underscore the importance of providing the Internet community with timely reports on the activities of the Board. This is especially important given the fact that the Board's telephonic meetings are still closed to the public.

-- Bret Fausett


A request for review or reconsideration must be filed within 30 days after (a) the affected party or its affiliate receives notice of the action, or (b) ICANN posts notice of the action on its web site, whichever is sooner. Requests for review or reconsideration must be submitted by email to reconsider@icann.org. No particular form is required, but requesting parties must include at least the following information:

- name, address, and contact information for the requesting party, including postal and email addresses;

Bret A. Fausett 1621
[Address deleted]
[Please withhold postal address information from any public posting of this request.]

- the specific action of ICANN for which review or reconsideration is sought;

Failure of ICANN to comply with Article III, Section 2 of its Bylaws on "Access to Information," with regard to April 6, 2000 Special meeting of the Board by telephone, which was referenced on http://www.icann.org/calendar.htm.

- the date of the action;

ICANN's inaction occurred at close of business, Thursday, April 27, 2000, when ICANN failed to post minutes of the April 6, 2000 Special Meeting.

- the manner by which the requesting party will be affected by the action;

Deprived of access to information about action of Board. No "special harm" must be established when ICANN violates the "openness and transparency" aspects of the bylaws. To the extext that some special harm must be established, the agenda for the April 6, 2000 meeting focused on the At Large membership (I have registered to be a member) and new gTLDs (I was a member of the DNSO's WG-C). I am also the owner of two domain names (fausett.com and lextext.com), and in my capacity as a domain name registrant, I am affected by actions taken by ICANN.

- whether a temporary stay of the action is requested;


- what specific steps the requesting party asks ICANN to take - i.e., whether and how the action should be reversed, cancelled, or modified;

Two steps should be taken: (a) prompt posting of detailed minutes of April 6, 2000 Special Meeting; and (b) formulation of internal ICANN policy to ensure future compliance with Article III, Section 2 of the Bylaws.

- the grounds on which the action should be reversed, cancelled, or modified; and

Article III, Section 2 of the ICANN Bylaws reads:

Section 2.


All minutes of meetings of the Board, the At Large Council, Supporting Organizations (and any councils thereof) and Committees shall be approved promptly by the originating body. No later than twenty-one (21) days after each meeting, draft minutes shall be made publicly available on a publicly-accessible Internet World Wide Web site maintained by the Corporation (the "Web Site"); provided, however, that any minutes relating to personnel or employment matters, legal matters (to the extent the Board determines is necessary or appropriate to protect the interests of the Corporation), matters that the Corporation is prohibited by law or contract from disclosing publicly and other matters that the Board determines, by a three-quarters (3/4) vote of Directors voting, are not appropriate for public distribution shall not be included in the minutes made publicly available. For any matters that the Board determines not to disclose, the Board shall describe in generic terms in the relevant minutes the reason for such nondisclosure.

- any documents the requesting party wishes to submit in support of its request.


Comments concerning the layout, construction and functionality of this site
should be sent to webmaster@icann.org.

Page Updated 13-May-00
(c) 2000  The Internet Corporation for Assigned Names and Numbers All rights reserved.