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ICANN Resolutions » Consideration of BGC's Rec on Reconsideration Request 17-1

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Consideration of BGC's Rec on Reconsideration Request 17-1


Resolution of the ICANN Board
Meeting Date: 
Sat, 24 Jun 2017
Resolution Number: 
2017.06.24.21
Resolution Text: 

Whereas, Russ Smith (the Requestor) filed Reconsideration Request 17-1 (Request 17-1) challenging the ICANN Contractual Compliance department's decisions to close both his WHOIS Service Level Agreement (SLA) Complaint, which asked ICANN to compel Verisign to produce the historical WHOIS data for the domain name directorschoice.com, and the Requestor's follow-up complaint expressing his dissatisfaction with the handling of his WHOIS SLA Complaint without making the requested historical WHOIS data for directorschoice.com available.

Whereas, the BGC previously determined that the Request is sufficiently stated and sent the Request to the Ombudsman for review and consideration in accordance with Article 4, Section 4.2(j) and (k) of the ICANN Bylaws.

Whereas, the Ombudsman recused himself from this matter pursuant to Article 4, Section 4.2(l)(iii) of the Bylaws.

Whereas, the BGC has carefully considered the merits of Request 17-1 and all relevant materials and recommended that Request 17-1 be denied on the basis that Request 17-1 does not set forth a proper basis for reconsideration, and the Board agrees.

Whereas, the Board has carefully considered the Requestor's rebuttal and addendum to the rebuttal to the BGC's Recommendation to Request 17-1 and concludes that the rebuttal and addendum provide no additional argument or evidence to support reconsideration.

Resolved (2017.06.24.21), the Board adopts the BGC Recommendation on Request 17-1 [PDF, 810 KB].

Rationale for Resolution: 

Whereas, Russ Smith (the Requestor) filed Reconsideration Request 17-1 (Request 17-1) challenging the ICANN Contractual Compliance department's decisions to close both his WHOIS Service Level Agreement (SLA) Complaint, which asked ICANN to compel Verisign to produce the historical WHOIS data for the domain name directorschoice.com, and the Requestor's follow-up complaint expressing his dissatisfaction with the handling of his WHOIS SLA Complaint without making the requested historical WHOIS data for directorschoice.com available.

Whereas, the BGC previously determined that the Request is sufficiently stated and sent the Request to the Ombudsman for review and consideration in accordance with Article 4, Section 4.2(j) and (k) of the ICANN Bylaws.

Whereas, the Ombudsman recused himself from this matter pursuant to Article 4, Section 4.2(l)(iii) of the Bylaws.

Whereas, the BGC has carefully considered the merits of Request 17-1 and all relevant materials and recommended that Request 17-1 be denied on the basis that Request 17-1 does not set forth a proper basis for reconsideration, and the Board agrees.

Whereas, the Board has carefully considered the Requestor's rebuttal and addendum to the rebuttal to the BGC's Recommendation to Request 17-1 and concludes that the rebuttal and addendum provide no additional argument or evidence to support reconsideration.

Resolved (2017.06.24.21), the Board adopts the BGC Recommendation on Request 17-1 [PDF, 810 KB].