[CCWG-ACCT] Declaration issued in the Booking.com v ICANN IRP

Kieren McCarthy kierenmccarthy at gmail.com
Wed Mar 4 04:35:03 UTC 2015

So I've just read it all.

My take away is what I believe many of us are already aware of: that the current accountability systems are designed to support whatever decision is made by the staff and Board, irrespective of whether that is a good decision or not.

In other words, the accountability mechanisms provide no way to force a reversal of a decision even when Board members and the review panel itself think the wrong conclusion had been reached.

For real accountability - rather than long expensive and largely pointless processes - there need to be mechanisms in which the decision itself can be questioned, in which staff can be found to have withheld useful information and held to account for that, in which ICANN corporate is not pitched against an applicant, and in which the people carrying out the review don't have to say "it sucks but there's nothing we can do about it".


[sent through phone]

On Tue, Mar 3, 2015 at 7:38 PM, Phil Corwin <psc at vlaw-dc.com> wrote:

> I have not had a chance to review the entire 50-page document, but the heart of the decision is at the Conclusion, Sections 141-147 on pp.42-43. (decision attached)
> The panel states that the limited nature of the current IRP means that any complainant faces an “uphill battle” and “significant obstavles.> That is especially true where, as here, the adopted policies and procedures are followed, with no available recourse to contesting the soundness of those policies and procedures.
> The decision is a good example of the bounds of the current system. The question is to what extent new accountability measures should make challenges to Board actions less of an uphill battle, or provide a basis for challenging the underlying policies and procedures.
> Philip S. Corwin, Founding Principal
> Virtualaw LLC
> 1155 F Street, NW
> Suite 1050
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> Twitter: @VlawDC
> "Luck is the residue of design" -- Branch Rickey
> From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Samantha Eisner
> Sent: Tuesday, March 03, 2015 10:06 PM
> To: accountability-cross-community at icann.org
> Subject: [CCWG-ACCT] Declaration issued in the Booking.com v ICANN IRP
> ICANN received today the final declaration in the independent review proceeding filed by Booking.com<http://Booking.com>. The declaration can be found at https://www.icann.org/en/system/files/files/final-declaration-03mar15-en.pdf.
> Best,
> Samantha
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