[ECAdmin] [Ext] Still waiting for a correction to the ICANN Announcement page..

[David Olive]

Yes, Steve.

 

As soon as your told me this morning, I alerted Legal and other to re-check things.

 

I will follow up on an answer with them.

 

Regards,        David

 

 

David A. Olive
Senior Vice President

Policy Development Support
Managing Director

ICANN Regional Office –Istanbul
Internet Corporation for Assigned Names and Numbers (ICANN)

Direct Line: +90.212.999.6212
Mobile:       + 1. 202.341.3611
Mobile:       +90.533.341.6550

 

 

From: Stephen Deerhake <sdeerhake at nic.as>
Organization: AS Domain Registry
Reply-To: "sdeerhake at nic.as" <sdeerhake at nic.as>
Date: Sunday, June 25, 2017 at 4:00 PM
To: Bart Boswinkel <bart.boswinkel at icann.org>, David Olive <david.olive at icann.org>
Cc: "ecadmin at icann.org" <ecadmin at icann.org>, Katrina Sataki <katrina at nic.lv>, Chris Disspain <chris at disspain.uk>
Subject: [Ext] Still waiting for a correction to the ICANN Announcement page..

 

Greetings to you both.

 

I note that as of my writing this the Rejection Action Petition Announcement web page on the ICANN web site https://www.icann.org/news/announcement-2017-06-24-en[icann.org] has yet to be corrected as per my brief conversation with you both this morning, and also per an email to the ICANN Corporate Secretary that I sent to him when I first discovered the error even earlier this morning.

 

To recap: The ICANN Web page announcement states that the Rejection Action Petition Period is 28 days.  THIS IS INCORRECT.

 

The correct time limit for the Rejection Action Petition Period is 21 days (Annex D Section 2.2(b)) rather than 28 days.

 

I believe the 28 day notion came from an incorrect reading by someone within ICANN of Article 22.4(a)(vi)(A)(2) in the case of the ICANN Budget, Article 22.4((b)(A)(2) in the case of the IANA Budget, Article 22.5(a)(vi)(A)(2) in the case of the Operating Plan, and Article 22.5(b)(A)(2) in the case of the Strategic Plan.  These specific sections relate to the minimum number of days that will transpire between the initiation of a Rejection Notice Period as defined in Annex D Section 2.2(b) and when the Budget or Plan subject to the Board Rejection Notice can come into effect.

 

The controlling language regarding the length of the Rejection Action Petition Period is clearly stated in Section 2.2(b) of Annex D as 21 days from the Rejection Action Board Notification Date.

 

So long as this critical error remains uncorrected, ICANN is in effect miss-leading the Empowered Community with respect to their rights under the Bylaws and the specific operational requirements for exercising those rights as detailed in Annex D.

 

I am not (yet) formally stating that this is intentional on ICANN’s part, but I made the seriousness of this error clear to both of you to this morning, as well as in my prior correspondence to the Corporate Secretary.  I really fail to see how it takes over six hours to make a change of this importance to the ICANN Website.

 

But now by not correcting (and publicizing the correction) ASAP once ICANN was notified of the error, ICANN is in effect manipulating the Rejection Action Petition Process by misleading the Empowered Community with respect to how much time they have to react to the Board’s decisions which led to the issuance of the Rejection Action Board Notices.

 

Please have appropriate ICANN Staff attend to this issue immediately.

 

Thank you.

 

Best Regards,

Stephen Deerhake

ccNSO Representative to the Empowered Community Administration

ccNSO Council Member

AS Domain Registry

GDNS, LLC

+1 212 334 3660

+1 212 656 1982 (fax)

+1 917 744 7313 (mobile)

sdeerhake at nic.as

sdeerhake at gdns.net

 

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