18 August 2014

Independent Review Panel "schools" ICANN in DotConnectAfrica Trust Case

The Independent Review Panel in the Dot Connect Africa case (see below) has issued a 33-page "Declaration on the IRP Procedure" (pdf) that should be required reading for every member of the ICANN Board of Directors, as well as every participant in the ongoing enhancing accountability and IANA transition processes. If nothing else, the Panel has shown it has read, understands, and takes seriously ICANN's articles of incorporation and by-laws, as well as appicable law. Beginning at page 8, the Panel reviews and reiterates the "Mission and Core Values" of ICANN, as well as ICANN's accountability to the "global internet community" noting, inter alia, that "ICANN is not an ordinary California non-profit organization. Rather, ICANN has a large international purpose and responsibility..." 
Money quote at page 9:
"32) In carrying out its mission, ICANN must be accountable to the global internet community for operating in a manner that is consistent with its Bylaws, and with due regard for its core values."
Below is an excerpt from the Declaration (p. 32) indicating next steps and that the Declaration and the future Declaration on the Merits of the case are binding on the parties (ICANN wanted this to be "advisory" not "binding"):

Independent Review Panel
CASE # 50 2013 001083
DotConnectAfrica Trust (“Claimant” or “DCA Trust”) and
Internet Corporation for Assigned Names and Numbers (ICANN) (“Respondent” or “ICANN”)

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