| (iii) One or more actions or inactions of the Board or Staff that are taken as a result of the Board's or staff's reliance on false or inaccurate relevant information.<ref>Section 4.2(c), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref></blockquote> | | (iii) One or more actions or inactions of the Board or Staff that are taken as a result of the Board's or staff's reliance on false or inaccurate relevant information.<ref>Section 4.2(c), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref></blockquote> |
− | The [[ICANN Board|Board Accountability Mechanisms Committee]] (BAMC) reviews and considers the requests.<ref>Section 4.2(e) and (k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> If the committee determines that the reconsideration request fails to meet the requirements specified in Article 4.2 of the Bylaws, or is "frivolous," it can summarily dismiss the request on that basis.<ref>Section 4.2(k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> Dismissal on the sole basis that the request is frivolous is rare.<ref>See, e.g., [https://www.icann.org/resources/pages/reconsideration-16-2-commercial-connect-request-2016-02-10-en Request 16.2 - Commercial Connect LLC], February 25, 2016, where despite identifying Commercial Connect's abuse of "all of ICANN's Accountability Mechanisms," the BAMC nonetheless provides an analysis on the sufficiency of the request.</ref>
| + | Under the current Bylaws, the [[ICANN Board|Board Accountability Mechanisms Committee]] (BAMC) reviews and considers the requests.<ref>Section 4.2(e) and (k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> In previous versions of the reconsideration process, the Board Governance Committee was responsible for the full review process (with no referral to the ICANN Ombudsman as described below).<ref>see, e.g., the [https://www.icann.org/resources/pages/bylaws-2012-02-25-en#IV Accountability Mechanisms] of the Bylaws in effect as amended in July 2014</ref> If the committee determines that the reconsideration request fails to meet the requirements specified in Article 4.2 of the Bylaws, or is "frivolous," it can summarily dismiss the request on that basis.<ref>Section 4.2(k), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> Dismissal on the sole basis that the request is frivolous is rare.<ref>See, e.g., [https://www.icann.org/resources/pages/reconsideration-16-2-commercial-connect-request-2016-02-10-en Request 16.2 - Commercial Connect LLC], February 25, 2016, where despite identifying Commercial Connect's abuse of "all of ICANN's Accountability Mechanisms," the BAMC nonetheless provides an analysis on the sufficiency of the request.</ref> |
− | If the reconsideration requests passes through the initial review, the BAMC refers the matter to the [[ICANN Ombudsman]] for investigation in coordination with the BAMC.<ref>Section 4.2(l), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> | + | If the reconsideration request passes through the initial review, the BAMC refers the matter to the [[ICANN Ombudsman]] for investigation in coordination with the BAMC.<ref>Section 4.2(l), [https://www.icann.org/resources/pages/governance/bylaws-en/#article4 Article 4, ICANN Bylaws], as amended November 28, 2019</ref> |