On Sun, 11 Jul 1999 00:43:50 -0700, Kent Crispin <[EMAIL PROTECTED]>
wrote:
>
>>It is too bad the Board keeps falling into thinking that it is a private =
>>company already, and
>>therefore free to do whatever it wishes.
>
>In fact, ICANN *is* at this very moment a private corp, and it can
>indeed do what it wishes -- as a private corporation it can do
>anything it damn well pleases, within the constraints of the law, the
>contracts it has actually signed, and what it can talk people into. 
>The directors could throw away the bylaws and start again from
>scratch.  They could drop the MoU with the USG and go into the real
>estate business. 
>
>But in fact what they will do is continue the joint DNS project with 
>the USG to come up with a sound policy-making process for DNS.  
>There is nothing written in the MoU, though, that says that the 
>current bylaws are gospel or a "constitution", or anything.

Kent, 

This is not exactly true.  These agreements are being entered into on
the basis of these bylaws.

It was only when the bylaws were acceptable did the USG enter into the
MoU.  Its bylaws MUST continue to be acceptable and represent a broad
consensus or it is operating outside those agreements AND its charter.



--
William X. Walsh
General Manager, DSo Internet Services
Email: [EMAIL PROTECTED]  Fax:(209) 671-7934

"The fact is that domain names are new and have unique
characteristics, and their status under the law is not yet clear." 
--Kent Crispin (June 29th, 1999)

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