Re: [ga] .com, and possible "material breach" of the contract

["kidsearch" <kidsearch@xxxxxxxxxxxxx>]

Jeff, do whatever you want to do, but please stay on topic. Some of us can
actually prove our organizations exist.

Chris McElroy, President,
Kidsearch Network
http://www.KidsearchNetwork.org
http://www.MissingChildrenBlog.com
http://www.RunawayTeens.org





----- Original Message ----- 
From: "Jeff Williams" <jwkckid1@xxxxxxxxxxxxx>
To: "kidsearch" <kidsearch@xxxxxxxxxxxxx>
Cc: "General Assembly of the DNSO" <ga@xxxxxxxxxxxxxx>; "Kathy Smith"
<KSMITH@xxxxxxxxxxxx>; "icann board address" <icann-board@xxxxxxxxx>; "Paul
Twomey" <twomey@xxxxxxxxx>
Sent: Monday, October 31, 2005 12:09 AM
Subject: Re: [ga] .com, and possible "material breach" of the contract


> Chris and all former DNSO GA members or other interested
stakeholders/users,
>
> I got it from the IRS.  What was the name of you so called charity?
Perhaps
> I should report it to the IRS for their review and investigation..
>
> kidsearch wrote:
>
> > Where do you get that 2/3 of the money they receive has to be in the
form of
> > donations? Some nonprofits are completely funded by the government. Some
are
> > fee-based services such as social service orgs that use a sliding scale
> > based on income format. Others make marketing partnerships with for
profit
> > entities, etc. etc.
> >
> > I run a charity, Jeff, and the IRS has never stated any regulation
similar
> > to your 2/3 rule. How I spend the money that IS received is very
regulated,
> > but how I get the funds, as long as it is through legal means, has no
> > regulation I am aware of. Only in the instance of UBI (Unrelated
Business
> > Income) is it covered at all. That means if I run a missing children
> > organization, but also charge people for parking in my parking lot, the
org
> > has to pay taxes on the parking lot income, because it is "unrelated" to
> > finding missing children.
> >
> > ICANN receiving fees related to domain names is not UBI, so they would
not
> > be taxed for it. Please point me to any website or any IRS code that
> > mentions 2/3 of their money must come from donations.
> >
> > PS: What in my post makes you think I forgot about Registrants? Last
time I
> > checked, most registrants are users of the Internet. So if I include all
> > users, that must inevitably include users who have registered a domain
name.
> > What I hoped for in my post was some advice from someone who actually
HAS
> > legal knowledge in the area of taxation and civil liability. Maybe you
> > missed that part.
> >
> > Chris McElroy, President,
> > Kidsearch Network
> > http://www.KidsearchNetwork.org
> > http://www.MissingChildrenBlog.com
> > http://www.RunawayTeens.org
> >
> > ----- Original Message -----
> > From: "Jeff Williams" <jwkckid1@xxxxxxxxxxxxx>
> > To: "kidsearch" <kidsearch@xxxxxxxxxxxxx>
> > Cc: "General Assembly of the DNSO" <ga@xxxxxxxxxxxxxx>; "Kathy Smith"
> > <KSMITH@xxxxxxxxxxxx>; "icann board address" <icann-board@xxxxxxxxx>;
"Paul
> > Twomey" <twomey@xxxxxxxxx>
> > Sent: Sunday, October 30, 2005 12:03 AM
> > Subject: Re: [ga] .com, and possible "material breach" of the contract
> >
> > > You like Richard forgot about Registrants also largely not being
> > represented.
> > >
> > > The answer to your first question is yes as ICANN is supposed to be
> > > a non-profit Calaifornia Corp. As such, 2/3's of it's funding is
required
> > > to be from donations. As registration fees cannot be considered a
> > > legitimate donation, ICANN could be challenged regarding such
> > > fees/tax accordingly. As this is an old issue which was hotly debated
> > > over 3 years ago now via Esther Dysons suggestion of this such a
> > > fee, perhaps ICANN BoD and Staff members have thought
> > > such had been long forgotten.
> > >
> > > kidsearch wrote:
> > >
> > > > Good point Richard. It is akin to a tx and therefore requires ICANN
to
> > have
> > > > an active constituency that represents the users that will pay the
tax.
> > > >
> > > > I believe it would hold up in court. That may be the action that has
to
> > be
> > > > taken. Besides ICANN would cave to lawsuits. That is evident.
> > > >
> > > > Some of you with more legal experience please comment.
> > > >
> > > > 1. Can this annual price hike be related to a tax in the legal
sense?
> > > > 2. If so, does law require representation in ICANN or does our
supposed
> > > > representation in the US government suffice?
> > > > 3. If yes to #2, how does that affect representation for non-us
users?
> > > > 4. If the answers to #1 and #2 were yes, would it hold up in a court
of
> > law?
> > > > 5. Even if the answers were not clear on #1 and #2, would a lawsuit
> > shine
> > > > enough light on the subject and cause enough concern among the ICANN
> > BoD,
> > > > that it might be worth the effort?
> > > >
> > > > Chris McElroy, President,
> > > > Kidsearch Network
> > > > http://www.KidsearchNetwork.org
> > > > http://www.MissingChildrenBlog.com
> > > > http://www.RunawayTeens.org
> > > > http://www.disastervictims.org
> > > > http://thingsthatjustpissmeoff.blogspot.com
> > > >
> > > > ----- Original Message -----
> > > > From: "Richard Henderson" <richardhenderson@xxxxxxxxxxxx>
> > > > To: "General Assembly of the DNSO" <ga@xxxxxxxxxxxxxx>
> > > > Cc: "Jeff Williams" <jwkckid1@xxxxxxxxxxxxx>; "George Kirikos"
> > > > <gkirikos@xxxxxxxxx>
> > > > Sent: Saturday, October 29, 2005 9:40 AM
> > > > Subject: Re: [ga] .com, and possible "material breach" of the
contract
> > > >
> > > > > What concerns me (among other things) is that this 'taxation' is
not
> > > > > accompanied by representation on behalf of the people being taxed.
> > > > >
> > > > > It is abundantly clear that ICANN has excluded ordinary internet
users
> > > > from
> > > > > meaningful representation in its processes. Even its supposed body
for
> > > > > individual internet users (ALAC) bans the membership of...
> > individuals!
> > > > >
> > > > > Prior to that, ICANN's motives and intentions were transparent
when it
> > > > > expelled the elected representatives of the At Large movement from
its
> > > > Board
> > > > > Room.
> > > > >
> > > > > Taxation without representation is more like the start of tyranny.
> > Hence
> > > > > Verisign's newly-acquired powers to raise costs to registrants on
an
> > > > annual
> > > > > basis have been granted without reference to the people who will
> > actually
> > > > be
> > > > > footing the bill.
> > > > >
> > > > > ICANN's craven surrender to vested interests, and its rejection of
> > > > bottom-up
> > > > > democracy, are profoundly disturbing.
> > > > >
> > > > > Yrs,
> > > > >
> > > > > Richard Henderson
> > > > >
> > > > > ----- Original Message -----
> > > > > From: "Jeff Williams" <jwkckid1@xxxxxxxxxxxxx>
> > > > >
> > > > > > What's very disturbing to me... is that as ICANN is
> > > > > > supposed to be a non-profit corporation it... has the right to
> > > > > > collect fees (Basically a Tax) on registrants...
> > > > >
> > > > >
> > >
> > > Regards,
> > > --
> > > Jeffrey A. Williams
> > > Spokesman for INEGroup LLA. - (Over 134k 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
> > >  Registered Email addr with the USPS
> > > Contact Number: 214-244-4827
> > >
> > >
> > >
>
> Regards,
>
> --
> Jeffrey A. Williams
> Spokesman for INEGroup LLA. - (Over 134k 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
>  Registered Email addr with the USPS
> Contact Number: 214-244-4827
>
>