Difference between revisions of "Reconsideration"
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==Process== | ==Process== | ||
| − | 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 is | + | 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> |
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| + | For requests regarding [[:Category:ICANN Staff|ICANN staff]] actions or inactions, the BAMC delegates the authority to make a final determination and recommendation on the matter. The reconsideration process can be invoked for challenges to expert determinations rendered by third party dispute resolution service provider panels in the [[New gTLD Program]], if the panels or staff fail to follow established policies or processes in reaching the expert determination.<ref>[https://www.icann.org/resources/pages/mechanisms-2014-03-20-en Accountability Mechanisms, ICANN]</ref> | ||
==References== | ==References== | ||
Revision as of 22:48, 3 January 2022
Reconsideration is one of ICANN's Accountability Mechanisms. This option is provided in the ICANN Bylaws Article IV, Section 2. Any person or entity materially affected by an action (or inaction) of ICANN may request reconsideration of that action by the ICANN Board.
Matters Subject to Reconsideration
Requestors may submit reconsideration requests if they have been adversely affected by:
(i) One or more Board or Staff actions or inactions that contradict ICANN's Mission, Commitments, Core Values and/or established ICANN policy(ies);
(ii) One or more actions or inactions of the Board or Staff that have been taken or refused to be taken without consideration of material information, except where the Requestor could have submitted, but did not submit, the information for the Board's or Staff's consideration at the time of action or refusal to act; or
(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.[1]
The Bylaws expressly exclude the following subjects from the reconsideration mechanism:
- Disputes relating to country code top-level domain ("ccTLD") delegations and re-delegations;
- Disputes relating to Internet numbering resources; and
- Disputes relating to protocol parameters.[2]
Process
The Board Accountability Mechanisms Committee (BAMC) reviews and considers the requests.[3] 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.[4] Dismissal on the sole basis that the request is frivolous is rare.[5]
For requests regarding ICANN staff actions or inactions, the BAMC delegates the authority to make a final determination and recommendation on the matter. The reconsideration process can be invoked for challenges to expert determinations rendered by third party dispute resolution service provider panels in the New gTLD Program, if the panels or staff fail to follow established policies or processes in reaching the expert determination.[6]
References
- ↑ Section 4.2(c), Article 4, ICANN Bylaws, as amended November 28, 2019
- ↑ Section 4.2(d), Article 4, ICANN Bylaws, as amended November 28, 2019
- ↑ Section 4.2(e) and (k), Article 4, ICANN Bylaws, as amended November 28, 2019
- ↑ Section 4.2(k), Article 4, ICANN Bylaws, as amended November 28, 2019
- ↑ See, e.g., 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.
- ↑ Accountability Mechanisms, ICANN