Re: [ga] Voting on List Rules - Vote with proposed changes

[jwkckid1@xxxxxxxxxxxxx]

Ken and all,

  No it really isn't as Mr. Dierker already ask for
amendments BEFORE voting began, several were offered,
mine included.  

-----Original Message-----
>From: Ken Stubbs <kstubbs@xxxxxxxxxxxx>
>Sent: Aug 14, 2007 9:37 AM
>To: ga@xxxxxxxxxxxxxx
>Subject: Re: [ga] Voting on List Rules - Vote with proposed changes
>
>
>Ken Stubbs wrote:
>
>Hugh's logic is sound here ...
>
>
>
>
>Hugh Dierker wrote:
>> We simply cannot change in mid vote. Everyone who has already voted 
>> would have to vote again, and then again and again.
>> This is why I made my comments on amendments. Clearly the rules must 
>> remain a living document.
>> I will venture to say that the rules as they stand do not preclude the 
>> GA as a body discussing lawsuit on their behalf. This language clearly 
>> is meant as member to member.
>>  
>> Eric
>> As Chair
>> 
>> */Debbie Garside <debbie@xxxxxxxxxxxxxxxxxx>/* wrote:
>> 
>>     Hi Ted
>>      
>>     If we rephrased it to say:
>>      
>>     ---
>>     not indulging in personal threats of legal action on list.  This
>>     does not preclude members from discussing legal action in relation
>>     to the business of the GA as a whole.
>>      
>>     ---
>>      
>>     Would that suffice?  Does anyone else have any comments to make on
>>     this?  If it is OK with the Chair and list members I will make all
>>     the necessary changes after the vote.
>>      
>>     Best
>>      
>>     Debbie
>> 
>>         ------------------------------------------------------------------------
>>         *From:* owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx]
>>         *On Behalf Of *Prophet Partners Inc.
>>         *Sent:* 14 August 2007 09:27
>>         *To:* ga@xxxxxxxxxxxxxx
>>         *Subject:* Re: [ga] Voting on List Rules - Vote with proposed
>>         changes
>> 
>>         Hi Debbie,
>>          
>>         The key phrase "of any kind" from "not indulging in threats of
>>         legal action of any kind on list" does not permit any type of
>>         differentiation. A clarification in the draft distinguishing
>>         non-ICANN related personal legal threats against other
>>         individuals vs. ICANN related legal threats against ICANN, ICANN
>>         Directors/employees or entities under contract with ICANN would
>>         be acceptable.
>>          
>>         I am not a lawyer and these are only my personal opinions. If
>>         you require legal advice, you should seek qualified legal counsel.
>>          
>>         Sincerely,
>>         Ted
>>         Prophet Partners Inc.
>>         http://www.ProphetPartners.com <http://www.prophetpartners.com/>
>>         http://www.Premium-Domain-Names.com
>>         <http://www.premium-domain-names.com/>
>>          
>>          
>> 
>>             ----- Original Message -----
>>             *From:* Debbie Garside <mailto:debbie@xxxxxxxxxxxxxxxxxx>
>>             *To:* Domains@xxxxxxxxxxxxxxxxxxx
>>             <mailto:Domains@xxxxxxxxxxxxxxxxxxx> ; ga@xxxxxxxxxxxxxx
>>             <mailto:ga@xxxxxxxxxxxxxx>
>>             *Sent:* Tuesday, August 14, 2007 3:55 AM
>>             *Subject:* RE: [ga] Voting on List Rules - Vote with
>>             proposed changes
>> 
>>             Ted wrote:
>>              
>>             Yes, I vote in favor of adopting GA List Rules draft 0.5, **
>>             conditional ** upon implementation of the following 2 changes.
>>              
>>             #1 - All references to email addresses containing @dnso.org
>>             and @gnso.org are replaced with @gnso.icann.org in the List
>>             Rules draft.
>>              
>>             I agree and assuming nobody disagrees I will update the
>>             docment once votig is over.
>>              
>>             #2 - The clause containing "not indulging in threats of
>>             legal action of any kind on list" is struck from the List
>>             Rules draft. While I agree that personal threats of legal
>>             action may be counterproductive to the GA, I strongly
>>             believe that other situations directly related to GA
>>             business may require invoking legal action. Given
>>             the inability of the GA to influence ICANN policy, it may be
>>             necessary to initiate legal proceedings against
>>             ICANN, ICANN's Board of Directors, Registries, Registrars
>>             and/or other entities. Disempowering the GA's ability to
>>             initiate legal proceedings only increases ICANN's ability to
>>             ignore its own bylaws.
>>              
>>             I would like to keep this in.  It is aimed at individual
>>             members threatening legal action on list.  It does not mean
>>             that we as a group cannot discuss bringing legal action so
>>             long as we do not make empty threats on list as
>>             individuals.  A member may ask the list whether they (the
>>             GA) would support legal action against another party.  Is
>>             that ok?
>>              
>>             Best
>>              
>>             Debbie
>> 
>>                 ------------------------------------------------------------------------
>>                 *From:* owner-ga@xxxxxxxxxxxxxx
>>                 [mailto:owner-ga@xxxxxxxxxxxxxx] *On Behalf Of *Prophet
>>                 Partners Inc.
>>                 *Sent:* 14 August 2007 07:02
>>                 *To:* ga@xxxxxxxxxxxxxx
>>                 *Subject:* Re: [ga] Voting on List Rules - Vote with
>>                 proposed changes
>> 
>>                 Yes, I vote in favor of adopting GA List Rules draft
>>                 0.5, ** conditional ** upon implementation of the
>>                 following 2 changes.
>>                  
>>                 #1 - All references to email addresses containing
>>                 @dnso.org and @gnso.org are replaced with
>>                 @gnso.icann.org in the List Rules draft.
>>                 #2 - The clause containing "not indulging in threats of
>>                 legal action of any kind on list" is struck from the
>>                 List Rules draft. While I agree that personal threats of
>>                 legal action may be counterproductive to the GA, I
>>                 strongly believe that other situations directly related
>>                 to GA business may require invoking legal action. Given
>>                 the inability of the GA to influence ICANN policy, it
>>                 may be necessary to initiate legal proceedings against
>>                 ICANN, ICANN's Board of Directors, Registries,
>>                 Registrars and/or other entities. Disempowering the GA's
>>                 ability to initiate legal proceedings
>>                 only increases ICANN's ability to ignore its own bylaws.
>>                  
>>                 I am not a lawyer and these are only my personal
>>                 opinions. If you require legal advice, you should seek
>>                 qualified legal counsel.
>>                  
>>                 Sincerely,
>>                 Ted
>>                 Prophet Partners Inc.
>>                 http://www.ProphetPartners.com
>>                 <http://www.prophetpartners.com/>
>>                 http://www.Premium-Domain-Names.com
>>                 <http://www.premium-domain-names.com/>
>>                  
>>                  
>> 
>>                     ----- Original Message -----
>>                     *From:* Hugh Dierker <mailto:hdierker2204@xxxxxxxxx>
>>                     *To:* GA <mailto:ga@xxxxxxxxxxxxxx>
>>                     *Sent:* Monday, August 13, 2007 10:02 AM
>>                     *Subject:* [ga] Voting on List Rules
>> 
>>                     Here is your ballot.
>>                     Simply hit 'return all' on this email and write:
>>                     "Yes", to adopt the list rules and, "No", to not
>>                     adopt the list rules.
>> 
>> 
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

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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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