On Mon, 18 Sep 2000, Jay Fenello wrote:

> >He therefore informed me that there
> >was no further reason to negotiate, as there was no continuing
> >organizational support from IFWP for the final meeting. At this stage,
> >though NSI was strongly pushing for a final meeting as well, NSI decided it
> >was more prudent simply to enter a negotiation with IANA. IFWP fell into
> >apparent disarray, as the support from them for the final meeting had been
> >compromised.

On Tues, 19 Sep 200, Jim Dixon wrote:
>
> This is where Berkman could have provided
> assistance, but instead, took the easy way
> out.
>


While it may seem like we are flogging a dead horse to spend any more time
to discussing the fateful wrap-up IFWP meeting, it is clearly an issue that
continues to ignite controversy among those who had such high hopes for the
IFWP process.

As years pass, memory is often transmuted Kurosawa-like by the filter of
one's subsequent knowledge, experiences and aspirations.  That said, I
believe both Jim Dixon and Jay Fenello have posted accurate accounts as
known to them through their participation on the IFWP Steering Committees.
Where we diverge is in our assessment of Berkman's role or obligations at
that crossroads.

I was scribe for the final two meetings of the Steering Committee.  My role
was to capture as fully and accurately as possible what transpired in a
global teleconference simultaneously taking place at 3 p.m. in Germany, 6
a.m. from my California perch and 9 p.m. the previous evening in Asia.

After taking those notes, I offered every teleconference participant the
opportunity to review them for errors.  The minutes are posted on my
website because, despite numerous requests for instructions about where to
send or post them, no guidance was forthcoming.  The Steering Committee
apparently felt its work was done  and there was little interest in this
residual piece of the historical IFWP record.

I do not agree with those who have pilloried the Berkman Center by
asserting that it caused the demise of the wrap-up meeting.  This is akin
to shooting the messenger.  Nor do I  believe it was Berkman's place to
push for a meeting absent the two major players.  As Jonathan Zittrain made
clear to members of the Steering Committee, "We are disposable parties
here."

Berkman offered a venue for an editorial meeting that was to precede a
ratification meeting, and thus Berkman was closely involved in its
logistical coordination.   Yes, the SC was surprised by the information
Jonathan Zittrain presented at the September 5, 1998 teleconference.
However, it is not right to place the domino effect of IANA's and NSI's
machinations and negotiations at the time upon Berkman's shoulders.
Someone was tasked with providing updates to the SC.  That task fell to
Berkman.

The SC, as the coordinating body of the IFWP process,  had a an opportunity
to tell IANA and NSI that it was serving a larger community and the
meetings would proceed with or without them.    It chose not to do so.

The proposed bylaws had been through four iterations by then (including a
proposal from NSI).  Another proposal drafted absent input from either IANA
or NSI would never pass muster with the Department of Commerce.

Those who fault Berkman for the demise of the wrap-up need to look
elsewhere.  And one must ask, would a wrap-up meeting have changed the
outcome we have today?  IMHO, not likely. Would it have changed how the
interim ICANN board was chosen.  IMHO, not likely.  Humans have a fondness
for closure, but that's not likely to be forthcoming any time soon on
matters relevant to the curious and debatable birth of ICANN.




[snip]
>
>You have stated, falsely and recklessly, that Berkman (and because I was the
>negotiator, that means I) stopped the final meeting. That claim is reckless,
>because even a simple review of the evidence would show you the contrary.
>(See, for example, the minutes of the IFWP teleconferences, which are
>contrary to your claims. <http://www.domainhandbook.com/scmin.html#090598>)
>

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