Reconsideration Committee Annual Report 2006
ICANN's Reconsideration Policy is set forth in Article IV, §2 of the ICANN Bylaws. This annual report is presented in fulfillment of subsection 19 of the policy, which prescribes a report with the following elements:
g. whether or not, in the Committee's view, the criteria for which reconsideration may be requested should be revised, or another process should be adopted or modified, to ensure that all persons materially affected by ICANN decisions have meaningful access to a review process that ensures fairness while limiting frivolous claims.
A. The number and general nature of Reconsideration Requests received:
During calendar year 2006, ICANN has received and docketed four reconsideration requests, as follows:
Request 06-1: Network Solutions, LLC et al. (10 March 2006) - related to the Board’s approval of ICANN’s settlement in February 2006 with VeriSign;
Request 06-2: Danny Younger (17 March 2006) - related to the Board’s approval of ICANN’s settlement in February 2006 with VeriSign;
Request 06-3: Marilyn Cade (3 May 2006) - related to Ms. Cade’s eligibility to stand for election to mid-term Board vacancy; and
Request 06-4: ICM Registry (19 May 2006) - related to ICM’s proposed Registry Agreement to operate the .XXX TLD.
B. The number of Reconsideration Requests on which the Committee has taken action:
As of the conclusion of the Sixth Annual Meeting on 8 December 2006, the Committee will have taken some action on all four requests submitted on or before the drafting of this report. With respect to Requests 06-1, 06-2 and 06-3, the Committee recommended that the Board take no action on the requests because there were no proper grounds for reconsideration. With respect to Request 06-4, the Committee began the reconsideration process; however, on 29 October 2006, the party that submitted this request withdrew it before the Committee completed the reconsideration process.
C. The number of Reconsideration Requests that remained pending at the end of the calendar year and the average length of time for which such Reconsideration Requests have been pending.
No pending requests
D. A description of any Reconsideration Requests that were pending at the end of the calendar year for more than ninety (90) days and the reasons that the Committee has not taken action on them.
E. The number and nature of Reconsideration Requests that the Committee declined to consider on the basis that they did not meet the criteria established in this policy.
F. For Reconsideration Requests that were denied, an explanation of any other mechanisms available to ensure that ICANN is accountable to persons materially affected by its decisions; and
Not applicable. No Reconsideration Requests were denied this year.
G. Whether or not, in the Committee's view, the criteria for which reconsideration may be requested should be revised, or another process should be adopted or modified, to ensure that all persons materially affected by ICANN decisions have meaningful access to a review process that ensures fairness while limiting frivolous claims.
The Committee had suggested modifications in the past, that are currently in use, related to the web based reconsideration request form.