Kent and all,

Kent Crispin wrote:

> On Sat, Jul 24, 1999 at 10:54:40PM -0700, Karl Auerbach wrote:
> >
> > > > > Oh.  I see.  The "Internet community" can get their data back by
> > > > > collectively buying up a majority of the shares in NSI, and forcing
> > > > > the directors to return it.
> > > > >
> > > > > You *are* joking, aren't you?  I hope?
> > > >
> > > > What is the joke is that NSI, a private for-profit company, is far more
> > > > open and responsive than is ICANN.
> > >
> > > Karl, you are speaking utter nonsense.  One can complain that ICANN
> > > is not as responsive as a government should be.  But it is sheer
> > > lunacy to say that NSI's operations come anywhere near the standards
> > > that have been set for ICANN.
> >
> > Utter nonesense?  Not at all.  The word is "truth".
>
> No, it's nonsense.

  Again you have a long standing confusion with the difference
between "Truth" and "Nonsense".  Given that, it is not surprising
to see such missives....

>
>
> > Anybody can be a shareholder in NSI.  Presently only corporations and
> > organizations have any meaningful role in ICANN or its subsidiary
> > structures.
>
> Earth to Karl: You get as many votes in NSI as MONEY CAN BUY.

  That is absolutely correct in as much as it applies to owning shares.
It is a bit of an exaggeration in the "Whole Truth" of the matter, however....
NSI's customers, have a voice and significant influence anytime they
choose.  And without customers, NSI ceases to exist as a going
concern...

>
> *Every* vote in NSI is a BOUGHT vote.  There is no required
> representative structure whatsoever.

  This is not complete true either.  It is true that that representative
structure is not formalized, nor should it be.  On the other hand, BTW
ICANN has not representative structure as of yet either.

> Furthermore, the only entities
> that have meaningful power in NSI are entities that control large
> blocks of shares.  That is, you have *precisely* as much power as you
> have money.

  Totally incorrect.  This statement shows that you have not working
understanding on how publicly owned companies operate.  Even if
you only own 1share of NSI stock you can file and win a stockholder
suite.

>
>
> I'm glad you have finally revealed to us that this is your
> understanding of democracy.  It explains a lot.

  Democracy has room for for profit companies and non-profit companies
to operate in the same economic structure, and do so in a competitive
manner.

>
>
> > NSI's shareholders have the legal right to bring actions against the
> > officers and directors of NSI for violation of their duties.  ICANN's
> > general membership might have such a power, but ICANN is dragging its feet
> > in creating such a membership.
>
> Earth to Karl: Everybody who thinks seriously about this realizes
> that the representative structure is a very tricky problem.

  Earth to Kent.  No, it is not tricky at all.  Never has been.  It is
only as "Tricky" as you decide to make it.

>
> Everybody who thinks seriously about this also realizes that ICANN
> has very limited resources, and those resources are almost totally
> tied up with dealing with the requirements imposed by the MoU with
> the USG.

  ICANN's restriction of resources are by in large of their own making
the USG and the MOU have nothing what so ever to do with limited
resources that ICANN avails it self of.   The fact that ICANN's
Interim Board have squandered much of it's $$ resources in a
manner that is frankly, inconceivable, is why in part, that they have
limited other resources...

> Everybody who thinks seriously about this realizes that
> satisfying the MoU is the prime directive for the ICANN Board.  If
> NTIA says "deal with NSI", ICANN deals with NSI.  If NTIA says "do
> representation", ICANN will do representation.  Without the MoU,
> ICANN is absolutely nothing.

  And in both instances the ICANN has done neither effectively.
THAT is a leadership problem...

>
>
> > NSI is obligated to publish many financial reports and other disclosures.
>
> So what?  It's financial reports are only a tiny part of the
> information that would be interesting.  How about it's policy
> making?  How about its dispute procedures?  How about a little
> technical heads up when they jerk around the whois data?  How about
> a little public discussion before they jerk around the Internic site?

  Become a stock holder and all this information is available upon
demand.

>
>
> > ICANN has not published any financial information.
>
> It put its donations on the web; it is working on financial reports,
> and those will be public.

  Will be, doesn't cut the mustard Kent.  They have had months to provide
this information in its entirety, and to date have not done so...

> Please bear in mind, once again, that
> ICANN has a staff of around half a dozen, and ICANN's priorities are
> driven totally by the MoU.

  It had initial funding of $600.  That should have been able to at least
temporarily hire allot more than 6 people for staff.

>
>
> > The truth of the matter is that NSI, as a private corporation, is far more
> > open than ICANN, both in law and in reality.
>
> In certain carefully defined areas NSI must publish information about
> itself, because it is a public company.  But we have little or no
> information about how it generates its policies or strategies or how
> its directors reach decisions or who it pays off or meets with or
> anything else about how it conducts its business.  It's a PRIVATE
> company.

  But some stock, and you can get most if not all of this information.  You can
as a US citizen you can also file a FOIA request for this information with the
SEC and the US trade commission...

>
>
> --
> Kent Crispin                               "Do good, and you'll be
> [EMAIL PROTECTED]                           lonesome." -- Mark Twain

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
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