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

[sotiris@xxxxxxxxxxxxxxxxx]

George,

Thank you for your diligence in this matter.  I think it's pretty safe to
say that this 'election' has failed to satisfy ANY of the conditions for
legitimacy that you cite.  Therefore, as the original co-chair (I've come
back out of retirement kooks!) I have to stand up and declare this
so-called "election" NULL and VOID.  It falls to me to point out that the
"Chair" has broken so many of the rules that pertain to a GA Election that
it could not have been done by accident, unless he doesn't know the rules;
in either case it is obvious that Mr. Dierker is not fit to be Chair of
the GA and is therefore excused from any and all capacities of said
office.

If the Chair of the GNSO has no explicit problems with it, I will assume
the temporary position of Chair of the GA in order to facilitate a proper
election.

Sincerely,

Sotiris Sotiropoulos


>
> 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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>> > begin:vcard
>> fn:Joe Baptista
>> n:Baptista;Joe
>> org:PublicRoot Consortium
>> adr:;;963 Ford Street;Peterborough;Ontario;K9J 5V5 ;Canada
>> email;internet:baptista@xxxxxxxxxxxxxx
>> title:PublicRoot Representative
>> tel;fax:+1 (509) 479-0084
>> tel;cell:+1 (416) 912-6551
>> x-mozilla-html:FALSE
>> url:http://www.publicroot.org
>> version:2.1
>> end:vcard
>>
>>
>
>