Letter from Kevin E. Brannon
to Stuart Lynn and Louis Touton Regarding VeriSign Request for Reconsideration
30 October 2002
October 30, 2002
Mr. M. Stuart Lynn, President and CEO and
Re: ICANNs decision related to the Wait List Service ("WLS") Proposal
Dear Mr. Lynn and Mr. Touton:
This office represents Dotster, Inc. ("Dotster"), a registrar that has a contractual relationship with ICANN. This letter is to articulate Dotsters strong objection to the inclusion of VeriSign's Letter Regarding Resolution 02.100 ("Reconsideration Request") in the ICANN Board meeting agenda, which is scheduled to be held on October 31, 2002. VeriSign, Inc.'s ("VeriSign") Reconsideration Request was submitted to ICANN on October 16,2002 and requested reconsideration by the ICANN Board of Directors ("Board") of certain aspects of the ICANN Board's decision regarding Resolution 02.100, which was made on August 23, 2002. The Reconsideration Policy, adopted by ICANN on March 4, 1999, clearly indicates that "[a] request for review or reconsideration must be filed within 30 days after (a) the affected party or its affiliate receives notice of the action, or (b) ICANN posts notice of the action on its web site, whichever is sooner." The decision regarding Resolution 02.100 was passed and posted on August 23, 2002.
Dotster strongly objects to the Boards consideration of VeriSigns request on three levels. First, the request by VeriSign was not tiled within 30 days, as required by the Reconsideration Policy, and yet the request is still being considered by ICANN. Second, according to the Reconsideration Policy, requests for reconsideration are to be reviewed by the Reconsideration Committee, not by the Board. Third, Dotster timely tiled both a request for reconsideration and a request for Independent Review under the Independent Review Policy, neither of which has been acknowledged by ICANN, other than posting on ICANN's web site.
This latest instance of ICANN's cavalier disregard for its own procedures and our client's contractual rights, to the commercial benefit of VeriSign, continues a pattern of behavior that Dotster, and many other members of your constituency find appalling. We hope that ICANN's refusal to respond to Dotster's timely filed request, contrasted with ICANN's inappropriate rush to discuss VeriSign's later request at the Board level is not indicative of a policy correctable only by litigation.
Please contact me as soon as possible to discuss these concerns. In the meantime, please correct my first name to read "Kevin" instead of "James"on the web page http://www.icann.orn/correspondence/.
cc: Joseph Sims, Esq, Jones, Day, Reavis & Pogue
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