On Sun, 11 Jul 1999 09:38:30 -0700, Kent Crispin <[EMAIL PROTECTED]>
wrote:
>On Sun, Jul 11, 1999 at 09:10:13AM +0000, William X. Walsh wrote:
>[...]
>> >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.
>
>The semantic fuzz of natural language guarantees as a matter of
>principle that nothing is "exactly" true. I'm not even sure what
>you mean by "exactly true". However, what I said is *very close* to
>exactly true.
>
>> 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.
>
>There is a small flaw in your statement. Let me rewrite it so it is
>accurate:
>
> It was only when the bylaws were acceptable to the USG did the USG
> enter into the MoU. Its bylaws must continue to be acceptable to
> the USG for the MoU to remain in force.
>
>That is, it is the USG, in the office of the NTIA, that decides what
>"acceptable" means.
>
>In any case, I was responding to Dthreennis' weird statement that
>ICANN was not yet a private corporation., and before that to Jon
>Zittrain's comment that the bylaws were a "constitution". I am very
>concerned that metaphors like that are quite conterproductive, and
>server to fan flames that should go out.
By all rights they need to be consider as a type of constitution. As
a policy making body, the stakeholder community needs to have some
assurance that the bylaws ICANN will operated under will be consistent
and representative of concensus.
And you cannot even possibly say that ICANN is not a policy making
body.
--
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)
