GA "Election" was fake, ignore the "results" ( was Re: [ga] Elections Results - vote count)

[George Kirikos <gkirikos@xxxxxxxxx>]

Hello,

The "election" was obviously an exercise in mental masturbation, and
not legitimate. By their own "rules" at:

http://gnso.icann.org/mailing-lists/archives/council/msg03844.html
http://www.geolang.com/draftGAListRules5.htm

(where the list rules are hosted at a non-ICANN and thus
non-permanent/trusted URL, i.e. it can be changed at will by the host;
a copy is archived at http://www.loffs.com/images/garules5draft.pdf )

1. "The election period shall be at least 14 days"

-- bzzt, "election" was only 2 days!

2. "The election process starts when the GA Secretariat announces that
nominations are open."

-- deliciously, the GA *has no secretariat* !! :) Try to overcome that
one, kooks.

3. "The exact time is decided by the outgoing Chair and the Chair of
the GNSO."

-- bzzzt, the GA had no legitimate outgoing Chair, and furthermore it
is unverified that the Chair of the GNSO had any input into the exact
time decision

4. "Nominees for the Chair are sent to an email address provided by the
Secretariat."

-- see above, there is no Secretariat authorized by the GNSO Council
for the GA mailing list

5. "The watchdogs agree with the Chair and the GNSO Chair the voting
mechanism to be employed and receive full details of the voting
mechanism and oversee all votes"

-- there is no evidence the GNSO Chair, Avri Doria, was involved
whatsoever in the voting mechanism details

6. "Voting is secret; only the secretariat and the committee will be
allowed to see the votes."

-- obviously, the voting was not secret, and there is no secretariat
either, as mentioned above

7. "Subscribers must have been members with at least 5 postings to the
list, at least 90 days prior to the call for an election."

-- David Scott -- never posted on the GA mailing list before. Why did
he join? Perhaps this post by Joe Baptista on the TLDA mailing list
might explain things:

http://groups.google.com/group/tlda-members/browse_thread/thread/6566d4ff4d26cc20/55a62f00683c7c86?hl=en#55a62f00683c7c86

"We need the votes to put Hugh Dierker over the top."

(archived at: http://www.loffs.com/images/baptista-tlda-votes.pdf in
case Baptista makes access to that group private)

One might also note that at:

http://groups.google.com/group/tlda-members/browse_thread/thread/fc6b0e9707744fd7/0609760aace206b7?hl=en#0609760aace206b7

Baptista writes:

"I am pleased to announce that Dr. Eric Hugh Dierker has been added to 
our group. Dr. Dierker is a lawyer who has offered to help us in
getting 
the inclusive name space off the ground.
....
Dr. Dierker is International Counsel to Memolin SA de CV, Mexico, 
Hi-Tek.com.vn Vietnam. DOTVN. Maquiledoras representative in Tijuana,
... "

(archived at: http://www.loffs.com/images/baptista-dierker-lawyer.pdf )

Hardly an independent choice as "monitor" of a list or an "election."

He describes "Dr. Dierker" as a lawyer.....when it's clear from the
California Bar Association's website that he is not a bar member.

http://members.calbar.ca.gov/search/member_detail.aspx?x=112873

"This member is resigned and may not practice law in California."

And as Karl Auerbach pointed out:

http://gnso.icann.org/mailing-lists/archives/ga-200709/msg00203.html
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=06001-07000&file=6125-6140.05

"6125.  No person shall practice law in California unless the person is
an active member of the State Bar."

An examination of Dierker's post to the TLDA group at:

http://groups.google.com/group/tlda-members/msg/0a044154badf4b61?dmode=source

(archived at: http://www.loffs.com/images/dierker-lawyer-ipaddress.pdf
)

shows an IP address of 71.136.67.252

http://whois.domaintools.com/71.136.67.252

which is San Diego, California. Furthermore, at:

http://forum.icann.org/lists/gnso-whois-wg/msg00015.html

"1. Current occupation,
 Dierker Consultancy. Consultant for Internet marketing firms operating
in
Vietnam, Mexico, Canada and the USA
2. Work performed in 1 above,
 Legal and marketing consulting services regarding registration and
maintenance of data bases."

Obviously, legal services are inconsistent with the known facts from
the California State Bar:

http://members.calbar.ca.gov/search/member_detail.aspx?x=112873

"This member is resigned and may not practice law in California."

And in case more information is needed on Baptista, besides what I've
already posted at:

http://gnso.icann.org/mailing-lists/archives/ga-200709/msg00152.html
http://gnso.icann.org/mailing-lists/archives/ga-200709/msg00138.html

consider:

http://groups.google.ca/group/bit.listserv.lawsch-l/browse_thread/thread/113a3fd7330c2e13/c53b5b6b9d289288?hl=en&lnk=st&q=&rnum=1#c53b5b6b9d289288

"He wanted to know how I was driving the police and the system crazy."

"I was offered access to resources to further my research into
electronic warfare and also provided with a budget to influence the
civil service." 

"I provided the corporation with advice on laundering funds and
depleting general revenues in order to avoid payment of sales tax and
GST." 

"Other contributions involved a info-war attack against the Ontario
Film Review Board.  This included setting up paid moles within the
ministry." 

In conclusion, the GA list has demonstrated conclusively it cannot
self-govern. Avri's experiment to give the GA list some legitimacy
should be aborted immediately. At a minimum, the list needs to be
renamed, to proper reflect its lack of recognition within ICANN, and to
stop confusion to others not aware of this (for example, the PC World
reporter who fell for these antics).

If Avri, who made it a personal priority to hand over the keys of the
asylum to the inmates, does feel this "election" was legitimate, I'd
like her to post affirmatively to that effect, and reconcile ALL of the
above, and stop suggesting that GNSO Council endorsed this circus. If
Avri considers 4 or 5 "votes" to even constitute a quorum, on a list of
200+ subscribers, I'd like to see the logic. The lack of voting
indicates that they do not want to participate in this circus of an
"election."

And if one considers that:

http://gnso.icann.org/mailing-lists/archives/ga/msg07777.html

"I would lke to see the GA appoint an executive and get itself a bank
account.

"get itself a bank account" !! ICANN Board members should seriously
consider the ramifications of that, given the above.

Sincerely,

George Kirikos
http://www.kirikos.com/

--- Joe Baptista <baptista@xxxxxxxxxxxxxx> wrote:

> I beleive the vote is not closed.  Below are the vote counts.
> 
> Debbie Garside          Vote for Eric Hugh Dierker
> George Kirikos          Spoiled Ballot
> Sotiris Sotiropoulos    Spoiled Ballot
> Dominik Filipp           Vote for Eric Hugh Dierker
> Eric Hugh Dierker      Vote for Eric Hugh Dierker
> Joe Baptista               Vote for Eric Hugh Dierker
> David Scott                Vote for Eric Hugh Dierker
> 
> Total votes for Eric Hugh Dierker         5
> Total spoiled ballots                             2
> ---------------------------------------------------
> Total Votes in this Election                   7
> 
> If my co-monitor concurs with me then Eric Hugh Dierker is elected. 
> If 
> any mistakes have been made - please advise.
> 
> regards
> joe baptista
> 
> -- 
> Joe Baptista                                www.publicroot.org
> PublicRoot Consortium
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