On Sat, 28 Aug 1999, Michael Froomkin - U.Miami School of Law wrote:
> On Sat, 28 Aug 1999, Joe Sims wrote:
>
> > the
> > bylaws make no mention at all of GAC having anything at all to do with
> > ICANN's "legal obligations", and they are perfectly clear that ICANN is not
> > required to follow any GAC advice.
>
> FWIW, I have always read the bylaws exactly the same way.
>
> The issues that matter strike me as completely political and not a bylaws
> issue. Would ICANN have the spine to stand up to a strong demand by
> governments that, e.g., a ccTLD be reassigned?
Do you even need to ask that particular question in light of the "GAC
endorsed" WIPO recommendations being railroaded through?
> One might more profitably enquire if there is any law *external* to the
> bylaws (e.g. national law, or even international law) that would require
> some compliance by ICANN. I know of none at present, but I have not
> looked.
There are much bigger things at stake here than mere laws:
power, egos, reputations, careers, and a great deal of money. ICANN has
already shown a propensity for ignoring its' bylaws. I doubt avoiding
other laws is beyond them.
> There are some things in the bylaws that I find open to interpretation or
> confusing, but the fact that GAC as a formal matter has a right to be
> heard and no more seems fairly clear to me, and Tony hasn't been able to
> persuade me otherwise.
A right to be heard, perhaps. What is perverse is the concept of
government "representatives" being so afraid of the people that they
purportedly represent that they have to close meetings. Further, as we are
bearing witness to, those mere "recommendations" are being rubberstamped
by ICANN. They may delay committing the ink for a short period of time to
avoid some of the heat, but the agenda is clear, and it is being adhered
to. But don't take my word for it. I'll be happy to forward this message
to you a few months from now(assuming ICANN is still in business and
isn't under a court order from some jurisdiction impeding them) and
say "I told you so."
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Patrick Greenwell
"This is our time. It will not come again."
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