Message sent to Tom Bliley 7/8/99

>July 8, 1999
>
>The Honorable Tom Bliley
>Chairman, Committee on Commerce
>United States House of Representatives
>Room 2125 Rayburn House Office Building
>Washington, DC 20515
>
>Dear Chairman Bliley:
>
>As an interested party to the effect ICANN could have on the policies and
>operation of the Internet, I feel obliged to forward to you information
>regading the formation of the ICANN Domain Name Supporting Organization.
>The DNSO, as you know, was formalized during the recent ICANN meetings
held
>in Berlin.  It is my opinion, and the opinion of many others at the core
of
>the debate regarding ICANN and its practices, that ICANN has not acted in
>either a professional manner nor in good faith.  It has become abundantly
>clear that the ICANN Board of Directors has a specific path they intend to
>follow, regardless of input from individuals, companies and industry
>organizations.
>
>I present this information to you as an individual citizen, as an owner of
>my own company with Internet interests, as a member of the management of
>Diebold Incorporated, and as an associate member of the Top Level Domain
>Association.  I am very disturbed by the methods demonstrated by ICANN,
and
>more by their lack of open decision process.  I have little confidence in
>ICANN and their ability to promote real consensus in the Internet
community.
>
>Below I have included several memos which outline one of the several paths
>to open dialog and constructive debate which have been completely ignored.

>I have, on several occasions, received personal assurances by ICANN Board
>members regarding these topics.  Not once have I, nor any member of the
>organizations to which I am party, ever been engaged in discussion on
these
>relevant topics.
>
>I encourage you to further explore ICANN and its methods and engage in
>discourse with responsible, respected Internet contributors.  I believe
you
>will find that the current path being pursued by ICANN is not in the best
>interests of the Internet community and its future.
>
>Respectfully,
>
>Gene Marsh
>
>attachements (below) with notes to follow
>
>++++++++++
>Diebold Incorporated
>Building Global Services Capabilities
>(330) 498-2670
>++++++++++
>Message announcing the Top Level Domain Association:
>
>Release message:
>++++++++++++++++
>For immediate release:
>
>    UNIONTOWN, OHIO, April 26, 1999/ -- An group of organizations
>today announced the formation of the Top Level Domain Association
>(http://www.tlda.org), an association designed to provide a clearing
>house and coordination point for organizations with a registry
>interest in new Top Level Domains on the Internet.  The group would
>also constitute the first TLD registry group for providing a voice
>to ICANN, the organization chartered with management direction for
>Internet IP addresses and domain names.
>    Top Level Domains (TLDs) are the designations after the "dot" in
>Internet domain names.  To date, there are typically three commonly
>used TLDs: ".com", ".net" and ".org"  The TLDA will promote the
>development, use and management of additional TLDs, and work with
>other organizations, such as ICANN, the IETF and others to ensure
>their smooth deployment.
>    According to Richard Sexton of VRx Network Services, interim
>primary spokesman for the TLDA, "The Internet offers great potential
>for individuals and business around the world.  Domain names are a
>key to understandable and identifiable locations on the Internet.  A
>coordinated effort to support additional TLDs is essential to the
>future growth and success of the Internet and e-commerce world-wide.
>The formation of the TLDA is the beginning step to assure additional
>TLDs are addressed in a manageable fashion, and that organizations
>with an interest in TLD registry functions have their concerns heard."
>    Details of the TLDA organization and its functions are
>forthcoming, according to Gene Marsh, president of anycastNET
>Incorporated and interim secretary for the TLDA.  "We envision the
>TLDA operating in a very open fashion. Participation will be sought
>from every interested party.  The more ideas we have to consider,
>the more informed our views will be."
>    "It's about time this group was formed" commented Einar Stefferud,
>chairman of the Open Root Server Confederation (ORSC).  "I feel this
>fits with the objectives of the ORSC, and fully support the effort"
>    A Technology Company, Inc. founder Jason Hendeles wrote,
>"The domain name business has a window of opportunity. If the players
>can remain focused on the task at hand and continue to make small
>steps forward, we may have an opportunity to innovate and benefit from
>this new industry."
>   Ed Gerk, Coordinator of the MCG, an international open group on
>security and certification standards that has participants from 28
>countries, notes "Security in various forms is often cited as a
>barrier to open new Internet top level domain names, but the MCG
>supports Internet security asa form of understanding not of
>confinement.  The TLDA will, expectedly, provide an open forum for
>such understanding to be developed and tested."
>
>    Initial TLDA associate organizations will be:
>
>VRx Network Services
>anycastNET Incorporated
>Iperdome, Inc.
>Image Online Design, Inc.
>Network Management Associates Inc.
>A Technology Company, Inc.
>Open Root Server Confederation Incorporated (ORSC)
>North American Root Server Confederation (NARSC)
>MCG
>
>    Many other organizations have been contacted, according to Sexton.
>"Over the next few weeks, you should see a number of other
>high-profile groups joining the TLDA.  We hope to open discussion
>forums within the next few days as well." Any group with an interest
>in participating in the TLDA efforts should contact Richard Sexton by
>email at [EMAIL PROTECTED], or Gene Marsh by email at
>[EMAIL PROTECTED]
>
>++++++++++
>Message before ICANN Berlin meeting requesting open discourse, and
response
>from Esther Dyson:
>
>Yes, we have been listening. We have been listening and thinking so hard we
>haven't always had time to respond. But you should see some reasoning as
>well as some results over the next few days.
>
>Esther Dyson
>
>
>At 12:24 AM 24/05/99 -0400, Marsh, Miles (Gene) wrote:
>>-----BEGIN PGP SIGNED MESSAGE-----
>>Hash: SHA1
>>
>>Esther,
>>
>>The past few weeks have passed with a flurry of messages back and
>>forth on a number of critical topics.  During this time, the
>>principals involved with the ICANN process have been unfortunately
>>missing from much of the discussion.  This is an unfortunate fact.
>>
>>As usual, there has been the regular ration of excited, flamboyant and
>>overreactive banter on the lists.  There has also been a great deal of
>>well thought discourse regarding these issues.  It is with great
>>trepidation that we await the results of Berlin.  Those who can make
>>it to the meetings hope to have their voices heard.  Those of us who
>>cannot are hoping someone has been listening.
>>
>>The Internet is, in large measure, the result of the forward thinking,
>>creative people who have been commenting on the issues.  Hear their
>>voices.  Embrace the discussion.  Open the processes.  This is your
>>time to become hero, legend, leader.
>>
>>Or to fail.
>>
>>You have all the choice.
>>
>>+++++
>>
>>Gene Marsh (GM8419)
>>interim secretary, Top Level Domain Association
>>president, anycastNET Incorporated
>
>
>++++++++++
>Message requesting reconsideration of TLDA efforts:
>
>*** PGP Signature Status: good
>*** Signer: Miles Eugene Marsh <[EMAIL PROTECTED]>
>*** Signed: 5/27/99 8:43:37 PM
>*** Verified: 6/2/99 1:03:34 PM
>*** BEGIN PGP VERIFIED MESSAGE ***
>
>Esther and the ICANN Board of Directors;
>
>The Top Level Domain Association (TLDA) submits this memo for
>immediate reconsideration of the TLDA as an ICANN recognized gTLD DNSO
>constituency as defined in the ICANN Bylaws (including published
>amendments).  It is the position of the TLDA that its organizing
>efforts have met or exceeded ICANN requirements for consideration, and
>that further delay in recognition is both contrary to published ICANN
>bylaws and detrimental to the best interests of the Internet
>community.
>
>Upon reviewing the published ICANN Bylaws, we find no provision for
>the exclusion of a constituent of the gTLD DNSO based on its status as
>a functioning gTLD registry.  The TLDA represents organizations with a
>bonafide, demonstrable interest in the formation, organization,
>management and operation of gTLDs.  This interest has been shown by
>the long term involvement of the constituent TLDA associate
>organizations and individuals in gTLD topics.  Many of these entities
>have been directly involved in said topics for more than four years,
>with established, copyrighted potential TLDs.
>
>Below are sections of the published ICANN Bylaws, with appropriate
>notes following each section.
>
>***
>>From New Article VI of the ICANN Bylaws:
>"Section 3: SUPPORTING ORGANIZATION FORMATION
>(a) The initial Supporting Organizations contemplated by Section 1(b)
>of this Article VI shall be formed through community consensus, as
>reflected in applications or similar proposals to create an initial
>Supporting Organization. The Board shall recognize that consensus
>through the publication and subsequent adoption, by a two-thirds (2/3)
>vote of all members of the Board, of amendments to these Bylaws
>establishing the Supporting Organization. Such amendments shall, in
>the Board's judgment, (1) be consistent with these Bylaws; (2) ensure
>that the full range of views of all interested parties will be fairly
>and adequately reflected in the decisions of the Supporting
>Organization; and (3) serve the purposes of the Corporation. Upon the
>adoption of such Bylaw amendments, the Supporting Organization shall
>be deemed to exist for purposes of these Bylaws. Once accepted by the
>Board through the amendment of these Bylaws and the failure of the
>Board to disapprove any subsequent decisions by the Supporting
>Organizations or their constituent bodies, the procedures of the
>Supporting Organizations shall prevail in the case of any
>inconsistency with any other provisions of these Bylaws."
>NOTES:
>The first sentence in (a) refers to formation through community
>consensus.  The currently proposed gTLD DNSO constituency reflects the
>participation of a single community entity, with no defined provision
>for additional constituents, nor direction from the Board to include
>other pertinent organizations and individuals as constituents.  This
>is clearly in defiance of the published direction.
>The second sentence refers to a board process which will vote on the
>establishment of the SO.  I am not aware of any vote taken regarding
>the TLDA.  If such a vote was taken by the Board, it was certainly
>done without regard to the Bylaws and without notification to the
>organizing parties of the TLDA.
>***
>NEW ARTICLE VI-B: THE DOMAIN NAME SUPPORTING ORGANIZATION
>"Section 3: THE CONSTITUENCIES
>(a) Each Constituency shall self-organize, and shall determine its own
>criteria for participation, except that no individual or entity shall
>be excluded from participation in a Constituency merely because of
>participation in another Constituency. The Board shall recognize a
>Constituency (including the initial Constituencies described in (b)
>below) by a majority vote, whereby the Constituency shall be deemed to
>exist for purposes of these Bylaws."
>NOTES:
>The TLDA has met all published ICANN self-organization criteria.  We
>believe that our proposal has not been thoroughly or fairly
>considered, and that the board should immediately review the potential
>of recognition as set forth in the potential paths detailed below.
>"(d) Any group of individuals or entities may petition the Board for
>recognition as a new or separate Constituency. Any such petition will
>be posted for public comment pursuant to Article III, Section 3. The
>Board may create new Constituencies in response to such a petition, or
>on its own motion, if it determines that such action would serve the
>purposes of the Corporation. In the event of a staff recommendation
>that the Board should recognize a new constituency, the Board shall
>post that recommendation, including a detailed explanation of why such
>action is necessary or desirable, set a reasonable time for public
>comment, and not make a final decision on whether to create such new
>Constituency until after reviewing all comments received."
>
>NOTES:
>The TLDA has, and hereby again, petitions the Board for recognition as
>a legitimate constituency.  We believe the appropriate DNSO for our
>participation is the gTLD DNSO.  We are, however, willing to consider
>an alternative proposal from the Board.  It is our belief that the
>value of the TLDA and its represented organizations and individuals is
>more important than the DNSO group with which we are associated.
>
>The last sentence in (d) refers to a review of public comments
>regarding any proposed constituency.  Public comment has been
>overwealmingly positive regarding the formation the the TLDA.
>***
>
>The TLDA believes that ICANN has the responsibility to itself and the
>Internet community to address the gTLD constituency issues we bring
>forward with all due haste.  We further believe there are several
>potential paths which ICANN could pursue:
>
>- The addition of the TLDA as a constituent of the gTLD DNSO, creating
>a second represented entity, and filling an additional Names Council
>Representative seat.
>- A mandate to NSI to pursue a single compromise gTLD DNSO
>constituency with the TLDA and others who demonstrate an appropriate
>interest.
>- A review and reconsideration of the TLDA proposal as THE gTLD DNSO
>constituency, with special consideration to include NSI as a principal
>organizing associate.
>- Recognition of the TLDA as an additional ICANN DNSO constituency
>representing gTLD issues including, but not limited to, those of gTLD
>registries.
>
>We encourage all public comments to be forwarded to Esther Dyson, the
>ICANN Board and to the TLDA interim secretary ([EMAIL PROTECTED]).
>The TLDA and its associate organizations and individuals would welcome
>any discussion the ICANN Board deems as necessary for the further
>consideration of these important issues.
>
>Your prompt consideration and response to this memo is greatly
>appreciated.
>
>Regards,
>
>Gene Marsh
>interim secretary, Top Level Domain Association
>(330) 498-2670
>
>
>*** END PGP VERIFIED MESSAGE ***
>
>++++++++++
>
>Message as follow-up to above request:
>
>*** PGP Signature Status: good
>*** Signer: Miles Eugene Marsh <[EMAIL PROTECTED]>
>*** Signed: 6/2/99 12:40:11 PM
>*** Verified: 7/9/99 10:11:05 PM
>*** BEGIN PGP VERIFIED MESSAGE ***
>
>Esther,
>
>I am a bit puzzled as to why I have heard nothing from you or ICANN
>regarding the memo I sent you.  I realize that you are very busy, as
>are we all.  Could you please forward a message regarding your receipt
>of the memo, and any course of action which has been pursued=3F
>
>Regards,
>
>
>Gene Marsh
>Senior Network Marketing Manager, Diebold Incorporated
>interim secretary, Top Level Domain Association
>
>++++++++++
>Message once again requesting action sent June 7, 1999:
>
>Esther,
>
>I hope that this finds you well.
>
>I have, I hope you will agree, always addressed you and the ICANN Board
>with a great deal of respect and courtesy.  In response I ask only for the
>same level of professional courtesy.
>
>I have forwarded this message to you on 2 other occasions.  I do so again
>in hopes that you have, for some reason, not received it before, and will
>give it the necessary attention with due haste.
>
>The organizations and individuals represented by the Top Level Domain
>Association have a legitimate right to be considered for ICANN DNSO
>constituency.  I have detailed, in the message below, potential paths
ICANN
>might choose regarding this.  I ask you again, professional to
>professional, to address this issue and respond appropriately.
>
>Regards,
>
>Gene Marsh
>interim secretary, Top Level Domain Association
>president, anycastNET Incorporated
>
>++++++++++
>Response from Esther Dyson to above message:
>
>Gene -
>
>Sorry, I have pretty much been traveling since Berlin, and obviously this
is
>not mine alone to answer.  I will try to get back to you shortly.  (FWIW, I
>got this one time before, but my mail server has been acting up.)  I
haven't
>actually seen all the public comment you mention.
>
>Esther
>
>++++++++++
>++++++++++
>
>
>No further messages from ICANN.  The public comment in question was READ
BY
>Esther Dyson at the Berlin meeting to the attendees, and  was reiterated
in
>hundreds of messages on the IFWP discussion list (the principal Internet
>discussion list for the White Paper and ICANN issues)
>
>The efforts of the TLDA will continue regardless of ICANN.  The issue at
>hand is not the recognition of the TLDA (although that would be
>appropriate), but the lack of responsiveness by ICANN to the TLDA and
>others.
>
>
>++++++++++
>Gene Marsh
>Senior Network Marketing Manager
>Diebold Incorporated
>Building Global Services Capabilities
>

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