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ICANN Ombudsman loses ‘air rage’ appeal

Kevin Murphy, January 3, 2011, 17:00:13 (UTC), Domain Policy

Outgoing ICANN Ombudsman Frank Fowlie has lost an appeal with Canadian air regulators over his bust-up with a steward on a first-class flight in 2009.

In a February 2010 decision, the Canadian Transportation Agency found that Air Canada was within its rights to stop Fowlie boarding a connecting flight after he clashed with flight staff over poor service.

The CTA ruled that Fowlie had “engaged in abusive and offensive behaviour” during the flight.

He first appealed, in March, to have his name removed from the record, but the request was rejected in July.

According to the CTA, Fowlie said at the time that:

a non-publication order is necessary to prevent a serious risk to an important interest which in this case is Dr. Fowlie’s employment as an ombudsman that carries an emphasis on public perception of impartiality and neutrality

And that the publication of his name would have:

a direct and highly detrimental impact on that perception that goes beyond the scope of mere embarrassment and undermines public confidence in the Office of the Ombudsman

Then he appealed the original decision, based on “new evidence”, which turned out to be a witness statement from his “traveling companion”, now apparently also his wife.

In its latest ruling, the CTA didn’t think that was good enough grounds to revisit its original decision.

Fowlie, ICANN’s original Ombudsman, is leaving the organization’s payroll this month, and his position is likely to be reevaluated in light of the ATRT report I noted earlier today.

I offered Fowlie an unnecessarily snarky tip back in February:

if you’re a high-powered executive type, dining out on your reputation for integrity and sound judgement, racking up hundreds of thousands of first class air miles on a bottomless expenses account, and you get into a fight with a trolley dolly because your salmon en croute was a little late, try to avoid having the whole embarrassing incident entered into the public record by doing something silly like, you know, filing a complaint.

I’d like to amend that tip to include the following:

Oh, and if you’re paid a six-figure salary to provide oversight for an organization that ostensibly values openness and transparency above all, perhaps subsequently attempting to have your indiscretions expunged from the public record may not paint you in the best light.

Thanks to George Kirikos, who did most of the legwork for this story.

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Comments (2)

  1. GeeKay says:

    George is very good at pointing out things about Fowlie. DNJournal has a good story about tis and something called VANOC which he sued in BC, and looks like he won….

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