10 November, 2010

(Not Designated as an Official Board Meeting)

I've been wondering how an ICANN Board session that is "not designated as an Official Board Meeting" can result in official Board Resolutions.

The Bylaws tell us that the Board may act by majority vote of those present at any annual, regular, or special meeting of the Board.  If the meeting is specifically not designated as "special", but rather as a board "retreat", should official board resolutions be promulgated at the conclusion of such sessions?
The Bylaws also tell us that with respect to any policies that are being considered by the Board for adoption that substantially affect the operation of the Internet or third parties, ICANN shall:
provide public notice on the Website explaining what policies are being considered for adoption and why, at least twenty-one days (and if practical, earlier) prior to any action by the Board;
Do any of you recall seeing a notice that new cross-ownership policies were being considered for adoption prior to this board action?  Wouldn't such policies substantially affect third parties?  Did any of you see the proposed policies enumerated anywhere publicly prior to the Board's action?

The Board is also supposed to provide a reasonable opportunity for parties to comment on the adoption of the proposed policies, to see the comments of others, and to reply to those comments, prior to any action by the Board.  So OK..., let's repeat... where were the proposed policies posted prior to the Board taking this action; where was the Public Comment forum?

When a Board fails to follow its own rules accountability gets thrown right out the window.

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