Re: Don't screw up our ICANN (was RE: [ga] RE: issues that are long closed?)

[jwkckid1@xxxxxxxxxxxxx]

JFC and all,

  Well done here JFC, and indeed very correct.  Unfortunately
many here will not read your remarks due to their length.

-----Original Message-----
>From: JFC Morfin <jefsey@xxxxxxxxxxxxxxxx>
>Sent: Jul 4, 2007 6:24 PM
>To: Karl Auerbach <karl@xxxxxxxxxxxx>, Elisabeth Porteneuve <Elisabeth.Porteneuve@xxxxxxxxxxxx>
>Cc: ga <ga@xxxxxxxxxxxxxx>
>Subject: Re: Don't screw up our ICANN (was RE: [ga] RE: issues that are  long closed?)
>
>Very interesting and pertinent exchange. Thank you.
>
>It reflects three different cultures/visions of the Internet and 
>reality (if one considers the allusion to Paul Twomey's efforts which 
>lead to another well expected ambition - Elisabeth, UN is not here to 
>oppress Hackers, but to protect them from commercials - cf. RFC 3869 
>IAB evaluation). May I suggest Lessig's last book to be read ? There 
>are interesting points to think over in regards of this exchange.
>
>However, the fear of a legal responsibility of ICANN comes from its 
>pretence that it _operates_ the Internet, instead of accepting that 
>the only possible stable position for ICANN is to _serve_ the 
>Internet national, global, and specialized communities, being 
>accountable to their Trustees (who also happen to be their ccTLD 
>Managers). ICANN for years try to contract the de facto transfer of 
>that financial responsibility to these Trustees. This calls for their 
>Governments to be involved because the Internet economic risk 
>represents considerable amounts of money and/or image loss. So 
>considerable that even the USG may not be ready anymore to warranty 
>it, moreover the development of ROAP and the lack of presentation 
>layer to support languages and national/industrial innovation (look 
>at the 2005 NTIA Statement of principles and the attention paid to the ccTLDs).
>
>A lean ICANN as a secretariat of the Internet communities' Trustees 
>keeping an Excel table is what users need. And the world implied in 
>Tunis  with the IGF as its "mission creep" complement.
>jfc
>
>On 23:45 04/07/2007, Karl Auerbach said:
>>Elisabeth Porteneuve wrote:
>>
>>When mentioning the words "member" and "ICANN" in the same context 
>>it is worthwhile to revive and review the document that originally 
>>put "the fear of being held accountable" into ICANN:
>>
>>http://www.icann.org/santiago/membership-analysis.htm
>>
>>To my mind the things noted in that document that ICANN so feared, 
>>most particularly derivative lawsuits, are actually well grounded 
>>and historically sound mechanisms to improve corporate transparency 
>>and accountability.
>>
>>It was amusing how ICANN tried to use Humpty Dumpty's logic to evade 
>>the obligations of these California laws by labeling what were 
>>clearly elections in year 2000 as a "selection".
>>
>>(By-the-way, I wouldn't lump individual members of the internet 
>>community, not all of whom own domain names, in with "Civil Society" 
>>under the list of stakeholders.  Individuals act equally through 
>>governments, businesses they own (virtually all large corporations 
>>are ultimately owned by individual people), non-profits, etc, etc.
>>
>>Moreover your analysis did not include an item regarding the 
>>intended beneficiaries of ICANN's existence: the users of the 
>>internet.  Those beneficiaries don't seem to be getting a seat at 
>>the ICANN table.
>>
>>Second by-the-way, I'm not necessarily in favor of a recall 
>>provision of elected directors (it's not that I'm against, its just 
>>that I haven't really thought about it that much) - so the furthest 
>>I've gone so far would be to say that if an elected director does 
>>spend 3 years on the beach, that he/she might find it hard to be re-elected.
>>
>>                 --karl--
>
Regards,
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
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