Ellen Rony wrote:
> 
> Send these questions immediately to Louis Touton, counsel for ICANN, with
> copies to every member of the ICANN board.  Ask for a reply by July 10.

It makes no difference what Touton or the Board members say. If, for
example, the Internet or even an important ccTLD were to go down
because of a crash of the NSI-operated servers, ICANN would now be
legally responsible since NSI is its subcontractor. 

If the hackers can permanently, or even temporarily for some time,
misdirect or stop SLD service in .com, ICANN would be responsible
for the losses, which would be astronomical. No clause in a
Califonia statute is going to stop ICANNīs Board and officers from
being sued in that situation. 

It is nothing less than lunacy to become a member of a Board of
Directors that has already put into effect policies with which you
are in disagreement. That should be clear as day. And when those
policies are the cementing of a monolithic, monopolistic
technological hierarchy in communications, it is suicidal.

People like Karl Auerbach, Michael Froomkin, David Post, Milton
Mueller, and others have the still-unmitigated hubris to pretend
that they can reform ICANN from within. What dictatorship in history
has given up its power because of opposition from powerless
moderates accepted into its power structure as tokens?

Being sued for an eighteenth part of the billions that ICANN is
potential liable for will be a fitting punishment for these
politically naive and cowardly people.


============================================================
Michael Sondow           I.C.I.I.U.     http://www.iciiu.org
Tel. (718)846-7482                        Fax: (603)754-8927
============================================================

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