Diane and all,
Diane Cabell wrote:
> Governments already have authority to look into ICANN's operations. There is
> nothing about being a corporation that keeps off limits. The normal powers that
> allow the police to search and seize your personal effects also apply to
> corporations. Entities that operate internationally are subject to regulation in
> every country where they do business.
>
> A significant question for every global organization is "Which government gets to
> step in and enforce its particular set of rules?" What if Country A says you
> must reveal your shareholders' personal data to other shareholders while Country
> B says you may not reveal shareholders' personal data under any circumstances?
Simple answer is that those living in country B may not indeed cannot
reveal that information that is prohibited by law and ICANN must live
with that reality.
>
> And if you don't live in Country B and didn't elect their officials, why would
> they have any more right to represent your interests in regulating ICANN than the
> ICANN Board itself has?
Short answer is, they don't. However neither does ICANN have greater
rights presently as none of the ICANN (Initial?) Board members are
Elected "Officials" either. Hence they do not have any enforcement
powers, regulatory powers, or oversight authority of any kind despite
the fact that the NTIA under a presidential "Directive" granted them
some sway. This I believe is where Congress is having some trepidation,
and rightfully so. ICANN IS a US based non-profit corporation, and as such
is therefore bound by Federal mandate and several State statutes as
well.
Diane, as a lawyer, you should know this. And I am a bit surprised
at the lack of proper couching of your questions in this instance...
>
>
> Diane Cabell
> http://www.mama-tech.com
> Fausett, Gaeta & Lund, LLP
> Boston, MA
>
> Gene Marsh wrote:
>
> > At 01:12 PM 7/11/99 -0400, you wrote:
> > >
> > >Yes, ultimately. I think ICANN is better off if it has internal mechanisms
> > >for accountability so that gov't's need not step in--or threaten to step
> > >in--to keep it in line. ...JZ
> > >
> >
> > Jon, I disagree. I believe ICANN needs to have open mechanisms which
> > ENCOURAGE governments to occasionally step in, for review of the processes
> > and accountability. Only having sunshine on ICANN and its methods will work.
> >
> > Gene Marsh
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.
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