[ga] Re: [At-Large] FW: My comments on new gTLDs and the role of ICANN

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

Parninder and all,

  Such constraints to free speech on of commercial/ economic cannot
ethically or practically be free speech.  Such is an oxymoron.  Rather
there are restrictions of speech and expression that are special to
of commercial/ economic entities for reasons of trade and advertising,
amongst other socially offensive forms of expression.  However
commercial entities are not the same as "Real People" as they are
not human but in part, made up of humans.  So by definition do
not speak or express at all.

  This yet again said or stated in so many words, commercial/ economic
entities that are represented by, or as a part of same, can under some
specific circumstances speak for such commercial/ economic entities,
if said persons whom are part of, work for, or an members of same,
have freely and without encumbrance or undue influence, designated
such a person to do so in their name or names freely and without
encumbrance or exception.

  A simple real world example:  You Parminder, cannot speak for
me as a part of the IGC without my specific permission to do so
in any or all things or positions the IGC may take or hold.  Yet,
I, as spokesman for INEGroup, can speak for all, or the majority
of our members for any position that has been taken or is fully
and obviously recognized by our members that is known fully
to me without encumbrance or restriction unless otherwise designated
specifically in no uncertain terms or plain language ( meaning non diplomatic
or legal ).

  As I read ICANN's MOU with DOC/NTIA, ICANN not yet
demonstrating that as an commercial/ economic entity it has a
actual membership either in direct or indirect representation, ICANN
cannot speak for me in any fashion, legally speaking, nor can it do so
for any one else unless specifically and personally so designated, as
the ALAC realistically does not represent any and all stakeholders.
This was borne out in the last JPA, and as this reality still exists,
the next JPA in Sept. 2009 isn't looking like the ALAC will meet
that obligation of the MOU accordingly.

  Ergo and finnaly, it is very clear as it has been for several years
now that the process for adding new gTLD's is, has been, and
seemingly will be without ethical merit, the known support of a
majority of stakeholders, and under some legal questions on
a number of statutorial fronts, both in the US and without.

Parminder wrote:

> > > Firstly, I will like the sense in which you use 'free speech' clarified.
> > I
> > > do include freedom from commercial constraints as much has freedom from
> > > political constraints in how I see 'free speech'.
> >
> > Hmmn.  Do commercial constraints including paying for your servers,
> > networks, operations personnel, and the like?
>
> John
>
> Have you really never heard of commercial/ economic constraints on free
> speech/ expression?
>
> Parminder
>
> > -----Original Message-----
> > From: at-large-bounces@xxxxxxxxxxxxxxxxxxxxxxx [mailto:at-large-
> > bounces@xxxxxxxxxxxxxxxxxxxxxxx] On Behalf Of John L
> > Sent: Sunday, November 09, 2008 3:23 PM
> > To: At-Large Worldwide
> > Subject: Re: [At-Large] FW: My comments on new gTLDs and the role of ICANN
> >
> > > Firstly, I will like the sense in which you use 'free speech' clarified.
> > I
> > > do include freedom from commercial constraints as much has freedom from
> > > political constraints in how I see 'free speech'.
> >
> > Hmmn.  Do commercial constraints including paying for your servers,
> > networks, operations personnel, and the like?
> >
> > Regards,
> > John Levine, johnl@xxxxxxxx, Primary Perpetrator of "The Internet for
> > Dummies",
> > Information Superhighwayman wanna-be, http://www.johnlevine.com, ex-Mayor
> > "More Wiener schnitzel, please", said Tom, revealingly.
> >
> > _______________________________________________
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> > At-Large@xxxxxxxxxxxxxxxxxxxxxxx
> > http://atlarge-lists.icann.org/mailman/listinfo/at-large_atlarge-
> > lists.icann.org
> >
> > At-Large Official Site: http://atlarge.icann.org
>
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Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln
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"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

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liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
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