Re: [ga] Matthew Hooker from Los Angeles ICANN meeting

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

Phil and all,

  Well I have been a ICANN participant sense 1998 and you
can feel free to contact me at my contact number listed in my
sig file at any time during working hours.  Wiki's are notoriously
and well documented as being inaccurate and usually generated by
mentally disturbed individuals, same with wiklipedia.com.  See
Slashdot, MSNBC, ect. for further documented information
accordingly.  I was also a ballot recipient in the only ICANN
Board member election.  You may also check with the FEC
via FOIA request if you see fit to do so regarding our organization.

 Dr. Joe Batista know me you can also check with him.

  However I am not fimilier with you Mr. Corwin.  Yet I give
the same respect to your remarks, comments, ideas, and considerations
with the same value as any other individuals, but not more so.  I
can only hope you shall do the same accordingly in the future.

    As to your more relevant and substantive comments/remarks,
I can appreciate your interest in your "Organization" as an
organization,
desiring to become a member of an ICANN constituency, even if your
members, some of which our our members may not have been consulted
as to the appropriateness of such a desire and application of same, i.e.

the CBUC.  I will notify our members of such for their review and
consideration whom are also member of the ICA and on record as such
this evening.  All of our member are Individual members not
organizational
memberships.  We do not accept organizational memberships as far too
often their leadership is questionably determined, often appointed
rather
than elected, and as such violates our globally respected and recognized

democratic principals.

  Regarding your organization stated principals in your remarks below,
we do not necessarily support or not support "Market Based" solutions
to cybersquatting, domain name tasting/fron running, or kiting.  We DO
support and have advocated, thru myself as spokesman, solutions that
actually work or have a better than reasonable chance of working fully
recognizing that some solutions once put into effect may prove later
to not work and need amending/changing to actually address the lack
of being effective.  We strongly believe that ICANN needs to come into
a reasonable sense of compliance with it's charter, contractual
obligations
in a timely manner, it's past promises to the stakeholder/user,
registrant
community, it's bylaws, and equally consider any individuals or
organizational
ideas, observations, concerns, and considerations equally and without
bias towards any.  Ergo, justice towards all, and malice towards none!
I hope you will also share such well respected principals.

  Again, than you for your remarks, comments and further information.

Kindest and respectful regards,

Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402 E-Mail
jwkckid1@xxxxxxxxxxxxx
My Phone: 214-244-4827

Phil Corwin wrote:

>
> Mr. Williams:
>
> As Counsel to the ICA I would like to add some comments.
>
> (First, however, in trying to recall whether we have met at ICANN
> meetings, I searched ICANNwiki and found that you are listed as a
> member of the OPOC working group (and ICA did file a comment letter in
> support of OPOC, and was sorry to see that effort fail), but also that
> there is some dispute as to whether you are a real person or a
> pseudonym (http://test.icannwiki.org/Jeff_Williams) -- if that
> dispuite is in error you should have it corrected. That aside, someone
> obviously wrote your e-mail so I'll respond to its content.)
>
> The ICA has been vigorously advocating the interests of its members
> while constructively participating in the ICANN policy process since
> its founding in September 2006. Our growing membership already
> includes individuals and companies owning domain name portfolios
> collectively adding up to tens of milllions of names worth several
> $billions, including scores of developed and highly successful direct
> search and e-commerce websites. ICA is now seeking to formalize that
> participation by joining the CBUC, which seems far and away the most
> appropriate of all the GNSO constituency groups for us to plug into.
>
> The membership page for CBUC (pasted below) posts a series of
> questions and then says
> If you answer yes to any of the above - that is reason enough to join
>                       the Business Constituency.
>
> ICA, on behalf of its members, can answer "yes" to every one of those
> questions, and would thus seem eminently qualified to join the CBUC.
> That includes the question regarding cybersquatting, as we have
> adopted a strong member Code of Conduct which prohibits abusive
> tasting and all domain kiting and we have spoken out repeatedly at
> ICANN meetings in favor of the immediate adoption of market-based
> mechanisms to shut down tasting and kiting at .com and other gTLDs. As
> we just applied for membership several weeks ago it is not at all
> clear that our application faces difficulty, although we have
> indicated that we very much wish to have a firm decision prior to the
> Delhi meeting to allow us to formally participate in the constituency
> deliberations there.
>
> Should the Credentials Committee deny our application, we would of
> course expect a full and detailed explanation of that decision, and we
> will consider all further available options if that unfortunate
> decision is rendered -- it would certainly not be acceptable for the
> CBUC to operate in the manner of a private club closed to new
> participants and viewpoints. However, we see no reason why that should
> occur. One of our founding members, Name Administration, is already a
> CBUC member. As for breadth of trade association membership, I would
> note that the Computer and Communications Industry Association is a
> CBUC member. This is a fine organization and I have close relationship
> with its CEO and several of its staff members. However, it hardly
> represents all factions of the notoriously fragmented high tech
> sector, and has had very well-publicized policy disagreements
> (including litigation) with other CBUC members, such as Microsoft.
> Yet none of that prevented it from joining the Constituency.
>
> The creation of a Commercial registrants constituency has been
> suggested, and we have had some discussions on that matter with Avri
> Doria. However, the creation of a new constituency appears to be a
> drawn-out process that would not afford the ICA any near-term means of
> of formally participating in the ICANN process. There is also the
> possibility that the policy position of such a constituency might be
> discounted as expected, whereas CBUC participation would allow us to
> debate and hopefully work out differences and forge consensus
> positions with other commercial users of the DNS. In fact, our
> participation in CBUC would directly address your concern that it has
> represented too narrow a slice of commercial DNS users.
>
> So, while I appreciate your comments, I cannot agree that our effort
> to join CBUC is "misguided", especially as it seems to afford the only
> near-term route to formal ICA participation in ICANN policymaking. We
> shall await the decision of the Credentials Committee and hope for an
> affirmative answer in the very near term. I would of course be happy
> to discuss this matter with you further by e-mail or in person at
> Delhi.
>
> Sincerely,
>
> Philip Corwin
>
>
>
>
>
>
>       Why should my organisation join the Business Constituency?
>
>      What is the Business Constituency?
>      The Business Constituency (BC) is the voice of commercial
>      Internet users within ICANN - the Internet Corporation for
>      Assigned Names and Numbers. ICANN is a global body with
>      responsibility for certain policies that make the Internet work.
>      See the ICANN Structure page for more information.
>    * Do you believe the private sector should continue to run the
>      Internet?
>      There is a real possibility that certain functions now performed
>      by ICANN could be taken over by a United Nations organisation,
>      the International Telecommunications Union (ITU); this could lead
>      to a dramatic slowing down in decision making.
>
>    * Are you involved in e-commerce?
>      This is what all BC users are interested in. Making ICANN
>      efficient, makes e-commerce efficient.
>
>    * Do you use a web site for your business?
>      It is ICANN that selects the names such as .info, .biz, ..eu,
>      .jobs and .travel. What names will be next? The BC will be part
>      of the decision process.
>
>    * Might domain name piracy affect you?
>      ICANN developed the Uniform Dispute Resolution Policy - the way a
>      legitimate business can get back a name taken by a
>      cyber-squatter. ICANN also agrees to rules for sunrise periods -
>      a short period when a trade mark owner can apply for a new domain
>      name in advance of the public.
>
>    * Do you ever need to find out who owns a domain name?
>      The BC is leading ways to make the WHOIS database more accurate,
>      accessible and accountable.
>
>    * Have you had problems transferring a domain name?
>      The BC recently led discussions to introduce a streamlined
>      procedure for users to transfer their business from one Registrar
>      to another.
>
> If you answer yes to any of the above - that is reason enough to join
>                      the Business Constituency.
>
>   Membership is the way your objectives become a part of our policy
>
>
>
> Philip S. Corwin
> Partner
> Butera & Andrews
> 1301 Pennsylvania Ave., NW
> Suite 500
> Washington, DC 20004
> 202-347-6875 (voice)/-6876 (fax) /202-255-6172 (mobile)"Luck is the
> residue of design." -- Branch Rickey
>
> -----------------------------------------------------------------------
> From: Jeffrey A. Williams [mailto:jwkckid1@xxxxxxxxxxxxx]
> Sent: Fri 1/18/2008 11:49 PM
> To: ga@xxxxxxxxxxxxxx
> Cc: Phil Corwin; twomey@xxxxxxxxx; Peter Dengate Thrush; Avri Doria
> Subject: Re: [ga] Matthew Hooker from Los Angeles ICANN meeting
>
> Michael and all,
>
>   I would clearly and pointedly disagree that the ICA members are
> as you say "like minded" in regards to DNS issues and matters, which
> may be why acceptance as a BC member, ICA is having some problems
> of meeting with some resistance.  And your welcome as to my earlier
> comments as to the ICA having a valuable voice that is largely not
> heard
> or appropriately recognized in the ICANN GNSO structure, such as
> it is...  Therefore although I can appreciate your efforts in
> attempting to
> join the BC, they are significantly misguided for the ICA members.
>
>   Of course as you may already have gathered, the GNSO constituency
> model/structure has long been skewed in favor of special interest
> groups
> which represent a very tiny segment of the Registrant community and
> who's
> membership rules are so arcane and restrictive, even Byzantine, as to
> be far
> less than open and transparent or even broadly and in some cases
> specifically
> accountable.
>
> Regards,
>
> Spokesman for INEGroup LLA. - (Over 277k members/stakeholders strong!)
>
> "Obedience of the law is the greatest freedom" -
>    Abraham Lincoln
>
> "Credit should go with the performance of duty and not with what is
> very often the accident of glory" - Theodore Roosevelt
>
> "If the probability be called P; the injury, L; and the burden, B;
> liability depends upon whether B is less than L multiplied by
> P: i.e., whether B is less than PL."
> United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
> ===============================================================
> Updated 1/26/04
> CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
> div. of Information Network Eng.  INEG. INC.
> ABA member in good standing member ID 01257402 E-Mail
> jwkckid1@xxxxxxxxxxxxx
> My Phone: 214-244-4827
>
> Michael Collins wrote:
>
>> Jeffrey,
>>
>> You are correct that ICA cannot represent all registrants, not even
>> all business registrants. However, I don?t see that as a problem We
>> represent a group of mostly like-minded registrants that invest in
>> and develop primarily generic domain names. ICA is not trying to
>> become an ICANN constituency, just be a part of one.
>>
>> I am not sure that we disagree, just clarifying our position, since
>> you close with a statement that is in line with our goals. Thank you
>> for considering our voice to be valuable.
>>
>> Best regards,
>> Michael Collins
>>
>> Internet Commerce Association
>>
>> +1. 202 657 4570
>> From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On
>> Behalf Of Jeffrey A. Williams
>>
>>
>> Sent: Friday, January 18, 2008 6:30 PM
>> To: ga@xxxxxxxxxxxxxx
>> Cc: icann legal; twomey@xxxxxxxxx; Peter Dengate Thrush
>> Subject: Re: [ga] Matthew Hooker from Los Angeles ICANN meeting
>> Michael and all,
>>
>>   Thank you for posting and exercising your responsibility for your
>> members.  One of the problems with the ICA is as you correctly
>> stated it, ICA primarly represents ONLY commercial Domain name
>> holders AND is seemingly only interested in becoming a member of
>> the BC of the GNSO.  As such, the ICA can't possibly represent
>> a majority of commercial registrants or for that matter small
>> business
>> Individual Registrants whom are fiercly and in my view, correctly
>> Independant as well as the vast majority of Domain name registrants.
>>
>> Yet the ICA is a valuble voice, all be it limited that should be
>> heard
>> and considered withing the GNSO and subsequently ICANN.
>>
>> Regards,
>>
>> Spokesman for INEGroup LLA. - (Over 277k members/stakeholders
>> strong!)
>> "Obedience of the law is the greatest freedom" -
>>    Abraham Lincoln
>>
>> "Credit should go with the performance of duty and not with what is
>> very often the accident of glory" - Theodore Roosevelt
>>
>> "If the probability be called P; the injury, L; and the burden, B;
>> liability depends upon whether B is less than L multiplied by
>> P: i.e., whether B is less than PL."
>> United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
>> ===============================================================
>> Updated 1/26/04
>> CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
>> div. of Information Network Eng.  INEG. INC.
>> ABA member in good standing member ID 01257402 E-Mail
>> jwkckid1@xxxxxxxxxxxxx
>>