ICANN | Reconsideration Committee Annual Report for 2004

Reconsideration Committee
Annual Report 2004
Date: 4 December 2004

Reconsideration Committee Annual Report for 2004

ICANN's Reconsideration Policy is set forth in Article IV, 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:

the number and general nature of Reconsideration Requests received;
the number of Reconsideration Requests on which the Committee has taken action;
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;
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;
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;
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
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 2004, ICANN has received and docketed three reconsideration requests, as follows:
- Request 04-1: Bret Fausett (4 March 2004)
- Request 04-2: Danny Lee Younger (24 July 2004)
- Request 04-3: Network Solutions, LLC (16 November 2004)
Each of these three requests related to allegedly improper action or inaction of staff with respect to the posting of preliminary reports of Board actions, the correction of a technical issue on the website, and the approval of an amendment to a registry-registrar agreement.

B. The number of Reconsideration Requests on which the Committee has taken action:

As of the conclusion of the Sixth Annual Meeting on 5 December 2004, the Committee will have taken some action on all three requests submitted this year:
- Request 04-1, submitted by Bret Fausett, was concluded with the adoption of Board Resolution 04.24 on 6 March 2004 at the ICANN Board meeting in Rome.
- Request 04-2, submitted by Danny Younger, was closed by message to Mr. Younger since the subject of the complaint had already been remedied.
- Request 04-3, submitted by Network Solutions, LLC, was the subject of a meeting of the committee on 4 December 2004, at Cape Town, South Africa. The committee will determine within thirty days whether to either decline to consider or proceed to consider this request.

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.

As of the conclusion of the Sixth Annual Meeting on 5 December 2004, there is one pending Reconsideration Request (RR 04-3, submitted by Network Solutions, LLC). That request has been pending since it was submitted on 16 November 2004.

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.

Not applicable.

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.

one. (Although the Committee had not yet decided whether or not to consider Request 04-3 as of the preparation of this report.)

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 does not have any recommendations for changes to the criteria for which reconsideration may be requested, but does have two recommendations for modifications to the Reconsideration procedures:
1. The current Bylaws specify that Reconsideration Requests must be submitted by email to reconsider@icann.org. That email address currently receives tens of thousands of pieces of spam for each legitimate request for reconsideration. The Committee has determined that it would be beneficial for ICANN to move to a web-based reconsideration request form in order to help ensure that in the future every legitimate reconsideration request receives all due timely attention.
  
  mock-up of a such a web-based reconsideration request form has been temporarily posted at http://www.icann.org/committees/reconsideration/temp/. Comments or suggestions for improving the new web-based reconsideration request form should be sent to reconsider-form-comments@icann.org.
  
  Based on comments received, staff is requested to further develop and refine the form, and when appropriate to return to the Committee with recommendations to amend the Bylaws to reflect the alternative process.
2. The current Bylaws (Art. IV, (5)) specify that Reconsideration Requests must be submitted within thirty days after notice of the action or inaction giving rise to the request. Also, Bylaws Article V, , provides that the services of the Office of the Ombudsman will not be available in cases where the Reconsideration or Independent Review processes have been invoked. Based on these provisions, persons with complaints about ICANN Board or staff actions might be forced to abandon interaction with the Ombudsman and submit a Reconsideration Request if the Ombudsman process does not lead to a quick resolution. The Committee requests that staff review Bylaws Articles IV and V and suggest possible amendments to the Ombudsman and Reconsideration deadlines to promote the goals of the provisions by holding deadlines in abeyance where beneficial.