Re: [ga] New Constituency

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Dr. Dierker and all,

  Well finally you have recognized what ICANN really is, as opposed to
what it properties to be.  So isn't their RICO statues which relate to
such?
Didn't at one time you make reference to those RICO statues in relation
to
ICANN?  Or is ICANN really a 501 C3?  Cant be both a club and
a Calif. 501 C3.

  Ergo either you are proposing we "make nice" with ICANN the Club
as a Club member, i.e. Constituency and/or General Assembly, or you
are proposing we "make nice" with ICANN the 501 C3 Calif. corp.
If the former, than we, of whatever Constituency and/or General Assembly

we propose is or will be as illegitimate as ICANN the Club which makes
every one of us a fraud, or if the latter, you are proposing we will be
serving ICANN and not necessarily any members of either a new
Constituency and/or General Assembly.  Kind of a conundrum don't
you think?  However if indeed these are the only real choices, the
latter seems more reasonable and ethical, although neither are either
reasonable nor ethical, and the former is nearly certainly not legal.

Hugh Dierker wrote:

>    So call me a legal nerd - I just read through the by-laws. I never
> read them through, as opposed to looking for something. I have come to
> the conclusion that ICANN is a club.(believe it or not - this is not a
> value judgment) Clubs are cool. I hear that the Sierra Club is good
> and the various Automobile clubs are good.
>
>   So what we got to do, is figure out the requirements of membership
> to this club. I think it is to make nice and be nice in the future.
> Now I can be nice, can the rest of you?
>
>   Oh by the by, here are the "legal technical" requirements; (Joop I
> suggest you rethink your stance that name holders are better suited
> than individuals -One begins to see why previous attempts failed)
>   "
>   4. Any group of individuals or entities may petition the Board for
> recognition as a new or separate Constituency. Any such petition shall
> contain a detailed explanation of:
>     a. Why the addition of such a Constituency will improve the
> ability of the GNSO to carry out its policy-development
> responsibilities; and
>   b. Why the proposed new Constituency would adequately represent, on
> a global basis, the stakeholders it seeks to represent.
>   Any petition for the recognition of a new Constituency shall be
> posted for public comment.
>   5. The Board may create new Constituencies in response to such a
> petition, or on its own motion, if it determines that such action
> would serve the purposes of ICANN. In the event the Board is
> considering acting on its own motion it shall post a detailed
> explanation of why such action is necessary or desirable, set a
> reasonable time for public comment, and not make a final decision on
> whether to create such new Constituency until after reviewing all
> comments received. Whenever the Board posts a petition or
> recommendation for a new Constituency for public comment, it shall
> notify the GNSO Council and shall consider any response to that
> notification prior to taking action.  "
>
>

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]
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