Re: [ga] ICANN's Board ignores USDOJ advice in last week's meeting

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

George and all,

  Under this new administration, yes I believe it to be very unwise
for ICANN to ignore DOJ's advice so blatently.  I for one cannot
understand why ICANN would do so, nor can I envision how
ICANN, whatever their future is, would benifit in doing so either.

  This said, given the new administrations choices in AG, and
Deputy/assistant AG's in different DOJ divisions, it remains
unclear what the DOJ's stratagy in respect IT issues is heading
or can head given the huge loss of confidance the US public
has in DOJ at this time.

George Kirikos wrote:

> Hi folks,
>
> The preliminary report from last week's Board meeting have been posted:
>
> http://www.icann.org/en/minutes/prelim-report-03feb09.htm
>
> The strategic plan (which listed new gTLDs #1 in the list of priorities, and 
> with a target date for first applicants of mid-2009) was approved in that 
> board meeting 14-1. I find this disturbing in light of the NTIA/DOJ comments 
> and the vast opposition by the public community to new gTLDs. It would be 
> nice to know which brave board member stood alone against the other 14 and 
> cast a vote of "No" --- kudos to him or her. Perhaps that single Board member 
> also didn't like that "Ensure financial accountability, stability and 
> responsibility" was at the BOTTOM of the strategic priority list, especially 
> after the discussion last week of the $4.6 million loss speculating in 
> financial markets by ICANN:
>
> http://www.circleid.com/posts/20090203_icann_blows_46_million_stock_market/
>
> Also, the .AERO agreement was renewed, despite our own objections, namely to 
> the 10-year term and to the presumptive renewal:
>
> http://forum.icann.org/lists/aero-renewal-2008/msg00000.html
>
> I believe these two actions ignored the advice of the US Department of 
> Justice who stated in page 9 of their letter that:
>
> http://www.ntia.doc.gov/comments/2008/ICANN_081218.pdf
>
> "If ICANN is not prepared to act now to address the competition-related 
> issues identified in this letter, it should at a minimum ****POSTPONE THE 
> INTRODUCTION OF NEW GTLDs AND THE ADOPTION OF ADDITIONAL PERPETUALLY RENEWING 
> GTLD AGREEMENTS**** until it receives and reviews the study that the ICANN 
> Board requested over two years ago." (emphasis added)
>
> The new .AERO agreement is of course perpetually renewing, and the timeframe 
> for new gTLDs in the strategic plan has not changed.
>
> It appears to me that ICANN's Board has gone rogue to challenge the advice of 
> the NTIA and USDOJ in such a direct fashion. As to who will be ultimately 
> victorious? I'd put my money on the NTIA and USDOJ on winning in the end.
>
> Sincerely,
>
> George Kirikos
> 416-588-0269
> http://www.leap.com/

Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln
"YES WE CAN!"  Barack ( Berry ) Obama

"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