Reconsideration
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]
Applicability to String Delegations, New gTLD Program
The reconsideration process was available for challenges to expert determinations rendered by third party dispute resolution service provider (DRSP) panels in the New gTLD Program, if the panels or staff failed to follow established policies or processes in reaching the expert determination.[2] In other words, the substance of an expert determination could not be challenged, but a failure in procedural requirements could be.
Excluded from Reconsideration
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.[3]
Process
Under the current Bylaws, the Board Accountability Mechanisms Committee (BAMC) reviews and considers the requests.[4] 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).[5] 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.[6] Dismissal on the sole basis that the request is frivolous is rare.[7]
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.[8]
References
- ↑ Section 4.2(c), Article 4, ICANN Bylaws, as amended November 28, 2019
- ↑ New gTLD Program - Applicant Guidebook
- ↑ 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
- ↑ see, e.g., the Accountability Mechanisms of the Bylaws in effect as amended in July 2014
- ↑ 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.
- ↑ Section 4.2(l), Article 4, ICANN Bylaws, as amended November 28, 2019