Re: [ga] Paying for the IANA functions

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Eric, Danny and all former DNSO GA members or other interested
stakeholders/users,

  It has been one of Danny's well known misleading practices to take
text out of context in order to make a personal point/state an
opinion as if it were fact.  I bad practice to be sure...

  That said, your well chosen words Eric, make for a much more
factual case...

Eric

Danny Younger <dannyyounger@xxxxxxxxx> wrote:
Richard Henderson writes:  "You share an international resource. You
share in its costs."

The Contract Between ICANN and the United States Government for the
Performance of the IANA Function envisions the prospect of parties
paying for the IANA services on the basis of fair and equitable fees in
which the aggregate charges will not exceed the cost of providing the
IANA services (a cost-recovery program):

"On or after the effective date of this purchase order, the Contractor
may establish and collect fees from third parties (i.e. other than the
United States Government) for the functions performed under this
purchase order, provided the fee levels are approved by the Contracting
Officer before going into effect, which approval shall not be withheld
unreasonably provided the fee levels are fair and equitable and provided
the aggregate fees charged during the term of this purchase order do not
exceed the cost of providing the requirements of this purchase order."
http://www.icann.org/general/iana-contract-17mar03.htm

Perhaps someone in ICANN Management can explain why ICANN has not yet
chosen to follow this seemingly reasonable path.


Hugh Dierker wrote:

>    This is funny language Danny as it is exactly the opposite of a
> non-profit tax status. The obtaining of tax free funds for the running
> of a tax free organization requires in principal they be donations.
> Yes of course this is not hard and fast, a magazine, a cake at a cake
> sale, an absolution from a priest, but even those require only a
> percentage and it is not a lot, be derived from sales of goods or
> services. So if the language you took out of context were directly
> applied the contract would either be illegal or at the least tax
> avoidance. Further it still does not address taxation without
> representation because of the obvious through tax consequences. I also
> have yet to find one chargeable service that IANA performs, unless we
> would pay for their moral guidance - not likely. And even further what
> the language suggests is an outright monopoly and can only be
> supported if completely necessary for the security of the United
> States, in which case the international community co!
> ncept
>  flies right out the window.
>
> Not going to happen in the current atmosphere.
>
> Eric
>
> Danny Younger <dannyyounger@xxxxxxxxx> wrote:
> Richard Henderson writes:  "You share an international resource. You
> share in its costs."
>
> The Contract Between ICANN and the United States Government for the
> Performance of the IANA Function envisions the prospect of parties
> paying for the IANA services on the basis of fair and equitable fees
> in which the aggregate charges will not exceed the cost of providing
> the IANA services (a cost-recovery program):
>
> "On or after the effective date of this purchase order, the Contractor
> may establish and collect fees from third parties (i.e. other than the
> United States Government) for the functions performed under this
> purchase order, provided the fee levels are approved by the
> Contracting Officer before going into effect, which approval shall not
> be withheld unreasonably provided the fee levels are fair and
> equitable and provided the aggregate fees charged during the term of
> this purchase order do not exceed the cost of providing the
> requirements of this purchase order."
> http://www.icann.org/general/iana-contract-17mar03.htm
>
> Perhaps someone in ICANN Management can explain why ICANN has not yet
> chosen to follow this seemingly reasonable path.
>
>

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"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]
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