July 8, 2000
Michael R. Volpe
Asst. General Counsel
U.S. General Accounting Office
OGC/RCED, Rm. 7870
Wash., DC 20548
Dear Mr. Volpe,
In your Report No.GAO/OGC-00-33R: Department of Commerce:
Relationship with the Internet Corporation for Assigned Names and
Numbers, you state:
"According to ICANN, the late Dr. Jon Postel was primarily
responsible for the
selection of ICANN’s interim board."
and
"According to Department officials, the Department did not
participate in the consideration or
selection of proposed ICANN interim board members."
and
"The Department states that its relationship with ICANN is limited
to its various agreements with the corporation and that its
oversight of the corporation is restricted to whether these
agreements are being met."
Mr. Volpe, is it your practice, and in your opinion correct
procedure under the rule of law, to accept as true, despite the
available evidence, the statements of a person or entity that has
been accused of violation of the law?
The above assertions made by Department of Commerce officials are
lies. 18 U.S.C. § 1001(a)(1) provides that: "Whoever, in any matter
within the jurisdiction of the executive, legislative, or judicial
branch of the Government of the United States, knowingly and
willfully falsifies, conceals, or covers up by any trick, scheme, or
device a material fact shall be fined under this title or imprisoned
not more than 5 years, or both."?
Are you aware that by repeating and substantiating the lies of DOC
officials you are an accessory to their violation of the Code, and
that you can be prosecuted as such?
You also state in your report that:
"... the Government Corporation Control Act was inapplicable to the
formation of ICANN since the Department did not acquire or establish
ICANN."
and
"The Department had no direct role in the drafting of ICANN's
corporate bylaws or the selection of its interim board of
directors."
These, too, are lies. However, you do not cite the Department as
their origin, instead asserting them yourself. By so doing, you are
in direct violation of the Code and liable for its penalties.
Yours,
Michael Sondow (for the ICIIU)
