At 10:38 AM 6/22/99 , Roberto Gaetano wrote:
>What exactly is the specific point of the Paris Draft that is so different
>in the current DNSO to make you switch from a supporter of the process (I
>assume that if the Paris Draft would have been accepted as the basis of the
>DNSO by ICANN, you would have supported it) to an unconditional opponent
>"tout-court" of ICANN.


Hi Roberto,

The Paris Draft allowed for constituencies 
to self-form upon the attainment of 5% of 
the General Membership (which was open to all 
Domain Name stakeholders).  In addition, it 
restricted these members to ONE constituency 
of *their* choice.

Without these protections, and without ICANN
making sure that the constituency formation 
process remained fair, you have gaming like:
- The ICANN Board initially approving 
   seven constituencies, six of which are
   commercial in nature.
- The ICANN Board only recognizing six
   constituencies (all commercial), then
   asking them to approve the WIPO report.
- Organizations like MCI being over 
   represented in the Names Council.
- Etc, etc, etc.

But, this gaming comes as no surprise, as
it has always been a concern.  FYI:


At 01:42 PM 2/15/99 , Jay Fenello wrote:
>The result of forcing all "members" into non-exclusive
>constituencies guarantees that minority positions will 
>*NEVER* have a voice in the process.  It is a form of
>gerrymandering where minorities are forced into categories 
>where they will always remain minorities.
>
>The truth of the matter is you can call your Names
>Council whatever you want -- it is an all powerful
>committee that can make decisions independent of the 
>wishes of Domain Name stakeholders.  When you combine 
>its power with the dilution of minority interests as 
>described above, you have an organization that is 
>captured from the get-go.


At 11:49 AM 3/16/99 , Jay Fenello wrote:
>One of the decisions of the ICANN Board was to approve 
>a DNSO that featured overlapping constituencies.  This 
>creates a problem common to all constituencies, namely, 
>where do we draw the lines.
>
>My concern is that certain constituencies are 
>attempting to form in private, behind closed 
>doors.  This could easily result in a biased 
>process, one that excludes legitimately 
>interested parties.
>
>I hereby request that the ICANN Board clearly
>indicate that this is not acceptable, and that 
>any constituency wishing to be recognized by 
>ICANN must form via an open process.


At 12:32 AM 4/27/99 , Jay Fenello wrote:

>As I pointed out at the DNSO meeting and your 
>press conference in Singapore, allowing entities 
>to participate in multiple constituencies is 
>extremely disadvantageous to minority stakeholders.  
>
>What could have been one minority constituency
>among seven, is now seven constituencies for the
>majority, and NO VOICE for minorities.
>
>If we are lucky, we will garner enough support
>to have marginal representation in a few 
>constituencies.  More than likely, we will be
>so diffused, that the minority positions will
>be steamrollered in a most offensive way.


As predicted, we've been steamrollered 
in a most offensive way :-(


Respectfully,

Jay Fenello
President, Iperdome, Inc.�   404-943-0524
-----------------------------------------------
What's your .per(sm)?   http://www.iperdome.com 

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