In his most recent article (Duke Law Journal 50:17, and available at
http://personal.law.miami.edu/~froomkin), Mr. Froomkin writes that
the creation of ICANN did not violate federal laws and specifically
was not in violation of the Government Corporation Control Act
(GCCA). Mr. Froomkin writes:
"Any participation by the federal
government in ICANN’s formation beyond general cheerleading
would probably have violated the Government Corporation Control
Act (GCCA). However, most of the board members appear to have
been recruited either by European Union officials or by Joe Sims,
Postel’s lawyer and later ICANN’s."
and
"...because
the formation was kept at arms’ length, ICANN’s creation did
not violate the Government Corporation Control Act, the statute
designed
to prevent agencies from creating private corporations to do
their will."
and
"By calling for NewCo to form spontaneously,
government officials avoided directly "creating" the corporation."
However, Mr. Froomkin is wrong. He is either unaware of the facts
and the evidence which proves those facts, or has chosen to ignore
them. Esther Dyson herself was called to the chairmanship of the
ICANN board by none other than Ira Magaziner, in collusion with
Roger Cochetti of IBM, as Esther Dyson's own statements prove
(http://cyber.law.harvard.edu/scripts/rammaker.asp?s=REAL&dir=icann&file=icann1&start=1-22-00&end=2-14-50).
Ms. Dyson furthermore stated that ICANN was about to be recognized
by the Department of Commerce at the time of the recorded meeting,
which was ICANN's first and which was held when there had not yet
been any acceptance of ICANN by stakeholders and there were still
competing proposals for the NewCo, thus proving the DOC's de facto
creation of ICANN.
The ICIIU hereby warns the Berkman Center and ICANN that any attempt
at destruction of the evidence is a violation of U.S. Code Sec.18 §
1001(a)(1) (see below) and that they will be prosecuted for doing
so.
Michael Sondow
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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.
--- 18 U.S.C. § 1001(a)(1)
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International Congress of Independent Internet Users
http://www.iciiu.org (ICIIU) [EMAIL PROTECTED]
Tel(718)846-7482 Fax(603)754-8927
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