Richard and all,

  I believe the same should apply to Roberto as well...
Is Roberto a "Newbie"?  I don't believe he is...

Richard J. Sexton wrote:

> Dave, if you actually read this list why don't you
> spend a moment and go to http://lists.ifwp.org and
> subscribe to it. You were unsubscribed when
> mail to you bounced ad while I don't mind
> hand-holding newbies I figure you should
> be able to do this yourself.
>
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> >Date: Thu,  8 Jul 1999 14:09:01 -0400 (EDT)
> >
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> >Date: Fri, 02 Jul 1999 23:08:59 -0700
> >To: Gordon Cook <[EMAIL PROTECTED]>
> >From: Dave Crocker <[EMAIL PROTECTED]>
> >Subject: Re: [IFWP] RE: Lou Gerstner on what IBM wants from ICANN
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> >
> >At 10:59 PM 7/2/99 -0400, Gordon Cook wrote:
> >>uh mr. farmer before you make a fool of yourself with your inane
> >>pontifications you ought to spend a few minutes following  what you claim
> >
> >It might be worth being very judicious where you direct the label
> >'pontification', Gordon...
> >
> >>GAC's Considerings:
> >>
> >>1. The Internet naming and addressing system is a public resource that must
> >>be managed in the interests of the global Internet community;
> >>
> >>The "naming and addressing system" is NOT a "public resource.  The
> >>  language is straight out of the gTLD-MoU.  It is a clear unconstitutional
> >>  taking of private property.
> >
> >After all this time, it is surprising and encouraging to discover that you
> >know more about international law -- never mind more about Internet
> >technology and operations principals -- than the other experts working on
> >this task.
> >
> >(And by the way, a guilt-by-association reference to the gtld-mou hardly
> >counts as substantive criticism of the current work.  Surely you can do
> >better than that!)
> >
> >>2. The management of Internet names and addresses must be facilitated by
> >>organizations that are global in character.
> >>
> >>It's not clear why all Internet names and addresses "must be"
> >>  so facilitated.
> >
> >Again, your advanced expertise in basic Internet technical principals is
> >showing.
> >
> >In any event, to those who DO have training in Internet technical
> >principals, they know that barbarization of naming and/or addressing will
> >quite simply eliminate the communications utility of the net, as well as
> >violating some end-to-end technical architecture requirements -- but that's
> >already a problem due to NATs.
> >
> >>... 4. Country code top level domains are operated in trust by the Registry
> >>for the public interest, including the interest of the Internet community,
> >>on behalf of the relevant public authorities including governments, who
> >>ultimately have public policy authority over their ccTLDs, consistent with
> >>universal connectivity of the Internet.
> >>
> >>By what authority do they acquire such "public policy authority?"
> >
> >Somewhere in the vicinity of 10 years of established practise.
> >
> >But what the heck, law doesn't care about established practise, does it?
> >
> >>Principle 2 The GAC shall provide advice and communicate issues and views
> >>to the ICANN Board.
> >>
> >>Intergovernmental bodies don't just provide advice.  Their
> >>  findings and agreements have substantial force and effect -
> >
> >You are, of course, free to re-interpret plain language in any manner you
> >want, but you really do yourself a disservice by not taking proper credit
> >for the semantic (never mind political) creativity you contribute to the
> >interpretation of that plain language.
> >
> >>  of Incorporation that it "...shall carry out its activities in
> >>  conformity with relevant principles of international law and
> >>  applicable international conventions," effectively gives the GAC
> >
> >Oh my god.  I entirely missed that one, Gordon.  Thank you SO much.
> >
> >Why, it is simply unconscionable that ICANN should actually have to operate
> >within the confines of applicable law.  We better fix this, FAST!
> >
> >>Principle 11 In addition to face-to-face meetings, discussions may be
> >>conducted online via secure communications.
> >>
> >>So why do they need "secure online communications" for discussions?
> >
> >Well, for one possible reason, to avoid giving you more informal, second
> >hand material to distort.
> >
> >>Principle 14 Members of the GAC shall be national governments,
> >>multinational governmental organizations and treaty organizations, and
> >>public authorities, each of which may appoint one representative to the GAC
> >>
> >>
> >>Notice the wording.  Members of the GAC are not individuals, but
> >>  the governments and intergovernmental organizations themselves.
> >>  By what lawful mechanism are governments constituting the GAC?
> >
> >Wow.  Now that really IS serious.  A "governmental" advisory body actually
> >is restricted to having participation only by representatives of
> >governments!  How could anyone allow this to happen???
> >
> >>Principle 16 Governments or organizations not having a representative to
> >>the GAC may nominate an accredited government/organizational representative
> >>to represent its Membership on the GAC.
> >>
> >>This will allow some governments to acquire potentially enormous
> >>  power.  You could have the ITU representative potentially having
> >>  proxies from a hundred countries.  It opens all kind of mischief.
> >
> >Sure does.  I mean, after all, all that ADVICE might actually be coherent!
> >
> >>Principle 19 If a Members accredited representative is not present at a
> >>meeting, then it shall be taken that the Member government or organisation
> >>is not represented at that meeting. Any decision made by the GAC without
> >>the participation of a Memberís accredited representative shall stand and
> >>nonetheless be valid.
> >>
> >>Is this typical of a body merely providing "advice?"
> >
> >Indeed you have found another subversive opportunity.  The idea that a
> >group would be permitted to operate with the work of those who show up,
> >rather than always having to wait for perfect attendance is indeed an
> >insidious violation (of some sort.)
> >
> >>Principle 20 In consideration of the GACís commitment to efficiency, there
> >>shall be no attendance or voting by proxy. Members may only be represented
> >>at meetings, both face-to-face and electronic, by their accredited
> >>representative.
> >>
> >>This will further encourage proxy gathering.
> >
> >How does an explicit rule against proxies encourage proxies?
> >
> >
> >
> >The rest of your note was equally enlightening, Gordon.  As always, your
> >impressively creative interpretations are most appreciated.
> >
> >d/
> >
> >=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
> >Dave Crocker                                         Tel: +1 408 246 8253
> >Brandenburg Consulting                               Fax: +1 408 273 6464
> >675 Spruce Drive                             <http://www.brandenburg.com>
> >Sunnyvale, CA 94086 USA                 <mailto:[EMAIL PROTECTED]>
> >
> >
> >
> >
> --
> [EMAIL PROTECTED]    [EMAIL PROTECTED]
> "They were of a mind to govern us and we were of a mind to govern ourselves."

Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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