Gordon Cook a �crit:
>
> yep and the next line in the battle is how to prevent them from having
> 5,000 members whose view of the internet is any broader than seeing how don
> heath wants them to vote on any issue.....that's what they have up their
> sleeve
Of course. That's why they haven't yet decided how the membership
will be formed. They can't figure out how to make it appear open and
at the same time control it. That thorny problem has kept them in a
dither for almost a year.
But the geographical diversity rule will give them the solution.
Since the At-large board members must be chosen on geographical
diversity grounds rather than interest-group-diversity grounds, and
since ISOC and the ACM have the largest geographical diversity of
any public Internet organizations, they can have nine ISOC/ACM
At-large directors, representing nine different regions. This is
their only interest in geographical diversity. If at some point they
announce that the At-large membership is open for enrollment, they
will do it either without sufficient publicity or without sufficient
time for enough independent Internet users to enroll.
They aren't going to take any chances. You've seen how they have
handled the DNSO: absolute control, including control of
communications and information through controlling the website,
listserv, and teleconference. They won't allow any dissension at
all. No opposition. All dictatorships are like that, because even
one voice in opposition can drive a wedge into their matrix of lies
and expose it.
> >Joe Sims a �crit:
> >>
> >> You keep quoting the bylaws, but you always omit
> >> Section 2 (g), which reads as follows:
> >>
> >> "Nothing in this Section 2 is intended to limit the powers of the Board or
> >> the Corporation to act on matters not within the scope of primary
> >> responsibility of a Supporting Organization or to take actions that the
> >> Board finds are necessary or appropriate to further the purposes of the
> >> Corporation."
> >
> >The key words here are "appropriate to further the purposes of the
> >corporation". If the board takes an action that is not in agreement
> >with the stated purposes of the corporation, it must justify that
> >action. And it is the membership, not the board, which has the last
> >say in what is the purpose of the corporation, and if that purpose
> >may be altered.
> >
> >Also, according to the corporation law of California and federal law
> >as well, the bylaws of a corporation are subordinate to state and
> >federal laws. Nothing written into a corporation's articles or
> >bylaws can be superrogatory to the law, and the law makes all
> >corporations, especially non-profit ones having memberships,
> >subservient to their membership. Any autonomy of the board is
> >transitory, and particularly so if the board takes measures that are
> >not evidently in keeping with the purposes of the corporation.
> >
> >Mr. Sims has written "Since, as you point out, I wrote this
> >language, I feel comfortable in interpreting it", but it is not for
> >Mr. Sims to interpret anything. Mr. Sims is a functionary of a
> >membership organization and, as such, is himself subservient to the
> >membership, which can replace him at will. Only the the California
> >Attorney General and the state and federal courts have the authority
> >to "interpret" the laws. JonesDay has made the same error in the
> >past, believing in its arrogance that it has the power to supercede
> >the law, and it has been put back into its place and made to pay the
> >price of its arrogance and unlawful behavior. If Mr. Sims continues
> >in the present vein, it could happen again.
> >
> >As to the powers of the Supporting Organizations, they have merely
> >to put their policy to a vote of the membership and, if it is
> >ratified, and if the board refuses to enact it, destitute the board
> >forthwith, as is done in all corporations everywhere, commercial or
> >non-profit, incorporated or not.
>
> ****************************************************************
> The COOK Report on Internet Index to seven years of the COOK Report
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> [EMAIL PROTECTED] What's Behind Ican and How it Will
> Impact the Future of the Internet http://cookreport.com/icannregulate.shtml
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