Historical Resolution Tracking Feature » 2011-08-25 - Approval of BGC Recommendation re Reconsideration Request 11-1
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2011-08-25 - Approval of BGC Recommendation re Reconsideration Request 11-1
Board adopts the recommendation of the Board Governance Committee to deny Reconsideration Request 11-1.
- None
Whereas, the BGC has reviewed Reconsideration Request 11-1 submitted by Michael F. Gende on 15 June 2011 concerning the domain name zetamusic.com.
Whereas, the BGC has determined that Reconsideration Request 11-1 should be denied.
Whereas, Reconsideration Request 11-1 and the BGC's recommendation have been posted on the ICANN website at http://www.icann.org/en/committees/board-governance/requests-for-reconsideration-en.htm.
Resolved (2011.08.25.08), the Board adopts the recommendation of the BGC that Reconsideration Request 11-1 be denied as the requested action is not within ICANN's power and the Reconsideration process is not the appropriate forum to make domain name dispute complaints.
ICANN's Bylaws call for the Board Governance Committee to evaluate and make recommendations to the Board with respect to Reconsideration Requests. See Article IV, section 3 of the Bylawshttp://www.icann.org/en/general/bylaws.htm#IV. The Board has reviewed and thoroughly discussed the BGC's recommendation with respect to Reconsideration Request 11-1 and finds the analysis sound.
Having a Reconsideration process whereby the BGC reviews and makes a recommendation to the Board for approval positively affects the transparency and accountability of ICANN. It provides an avenue for the community to ensure that staff and the Board are acting in accordance with ICANN's policies, Bylaws and Articles of Incorporation. Adopting the BGC's recommendation has no financial impact on ICANN and will not negatively impact the systemic security, stability and resiliency of the domain name system.
Here, the Reconsideration process was invoked to obtain the transfer of a domain name registration and complaining of ICANN's earlier response referring the requester to contact the registrant, the registrar, or follow other appropriate alternatives that may assist him in obtaining the transfer of the registration. Because the requested action is not within ICANN's power or authority, this Request has been denied. The Board further notes that the Reconsideration process is not the appropriate forum in which to assert complaints over domain names. There are several other mechanisms by which complaints can be levied and addressed.
Nevertheless, the Request, in line with ICANN's compliance processes, has been forwarded to the registrar for further follow-up directly with the requester.
- Reconsideration Request 11-1 and BGC's recommendation available at: http://www.icann.org/en/committees/board-governance/requests-for-reconsideration-en.htm.
- The resolution does not address funding for the items identified therein.