RE: [ga] Re: Reconsideration

[admin@consumer.net (admin)]

Title: Re: Reconsideration

You are wasting time.  Why don't you spend your time answering the issues:

 

1.  Require the UDRP providers to publish a list of what transfer decisions are overturned within the 10 day period along with the decision

 

2.  Require minimum standards for arbiters.

 

While you are at it you can identify the entity that DOES handle individual complaints against registrars since the individual domain holders are the reason ICANN exists at all.

 

Russ Smith

 

 

 

-----Original Message-----
From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of M. Stuart Lynn
Sent: Wednesday, August 08, 2001 4:16 PM
To: DannyYounger@cs.com
Cc: ga@dnso.org
Subject: [ga] Re: Reconsideration

Dear Danny:

Since sending the note below, there have been several postings suggesting that I need to look further into this matter. Mr. Smith -- in the direct style he normally uses when writing to ICANN staff -- helpfully provided a previously missing detail by forwarding a copy of the reconsideration request he submitted by email on May 20, 2000.

With this specific information, I have looked further into the matter, and indeed have unearthed a copy of Mr. Smith's email in someone's mailbox,, but not filed where reconsideration requests are normally filed. To follow up further, I need to speak with a staff member who is on vacation and out of e-range, and will not be back for another 10 days. Until then, there is nothing I can do. Without his input,  I cannot determine the ultimate disposition of this particular request and whether the  email was somehow lost in the process.

However, as mentioned in my earlier note, one of the two known (to us) reconsideration requests from Mr. Smith was certainly processed, as well as a request from Mr. Smith to reconsider that denied reconsideration request. This was also denied. A further reconsideration request to reconsider the denied reconsideration of the denied reconsideration was not pursued since the Reconsideration Committee had already expressed its recommendation and the Board made a decision.

I will get back to you and the list as soon a I can follow up with the vacationing staff member.

Stuart

Mr. Smith has indeed sought reconsideration on just one occasion, and his complaint was carefully considered by the Reconsideration Committee and the ICANN Board.  The committee's recommendation can be viewed at <http://www.icann.org/committees/reconsideration/rc00-1.htm>.  I think a review of that document.  A response to Mr. Smith's attempt to reargue the matter appears at <http://www.icann.org/committees/reconsideration/committee-response-24apr00.htm>.  A fair review of those documents shows that Mr. Smith's allegation is not supported by the facts.

Stuart

At 7:36 PM -0400 8/7/01, DannyYounger@cs.com wrote:

Dear Mr. Lynn,

A serious charge has been posted to the General Assembly list (reproduced
below) which should not go unanswered:
http://www.dnso.org/clubpublic/ga/Arc08/msg00308.html

Please investigate this complaint.  We need to be able to have faith in the
reconsideration system, or the credibility that ICANN seeks to achieve may
readily be lost.   We appreciate the attention that you will devote to this
matter.

Thank you,
Danny Younger
Chair, GA


>May I remind you that you have 30 days to make a reconsideration request>
after you experimented the problem. You will find the necessary information>
at the following page:>http://www.icann.org/general/reconsideration.htm

I have filed these in the past.  In some cases the answers were not

responsive to the complaints.  In other cases ICANN refused to answer or post

the submission.  I resubmitted some but they refuse to acknowledge or answer

the submission.  The reconsideration system is a complete sham.  

Russ Smith

--

__________________
Stuart Lynn
President and CEO
ICANN
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292
Tel: 310-823-9358
Fax: 310-823-8649
Email: lynn@icann.org