[IFWP] Re: feedback on NYT article

1999-05-31 Thread Kerry Miller


Thank you for the thoughtful reply. Due to your inspiration, I went to 
see what I could find, even tho the search interface at icann.org is 
broken, and the bylaws at ~/about/bylaws-

Nevertheless, I persevered: the draft minutes of the board meeting 
of 31 March (at http://www.icann.org/minutes/minutes-
31mar99.htm ) mention the amendment of Article VI, and refer to
http://www.icann.org/minutes/3_31exhibitB.htm

The relevant text of "Exhibit B" is: 

ARTICLE VI-A:  THE ADDRESS SUPPORTING ORGANIZATION 

[Reserved.] 
  
  
In my abysmal ignorance, I beg your indulgence once again: where 
is the *intended function of the ASO specified? What are the 
pressing questions an ASO will be expected to take up? 

kerry

BTW, is there a documentary record of why the IANA draft bylaws 
which read 

"Except as otherwise provided in the Articles of Incorporation, the 
Articles of Incorporation or Bylaws of the Corporation may be 
altered, amended, or repealed and new Bylaws adopted only upon 
action by two-thirds (2/3) majority vote of all members of the Board, 
except that these Bylaws shall not be amended until the earlier of 
(i) June 1, 1999, or (ii) such date as all three Supporting 
Organizations described in Section 3(A) of Article VI have been 
formed, and Directors nominated by them have been seated..."

were put in final form as

"Except as otherwise provided in the Articles of Incorporation, the 
Articles of Incorporation or Bylaws of the Corporation may be 
altered, amended, or repealed and new Bylaws adopted only upon 
action by two-thirds (2/3) majority vote of all members of the 
Board."

?   

=

Kent wrote:
  
It expects to formally recognize a third group, the Address 
Supporting Organization in Santiago.  
  
  Can someone help me with the antecedents for this SO? Is there 
  mention in the Bylaws of anything besides DNSO, PSO, and the at-
  large membership? 
 
 Yes.




Re: [IFWP] Re: feedback on NYT article

1999-05-31 Thread Kent Crispin

On Mon, May 31, 1999 at 12:59:27PM +, Kerry  Miller wrote:
 
 Thank you for the thoughtful reply. Due to your inspiration, I went to 
 see what I could find, even tho the search interface at icann.org is 
 broken, and the bylaws at ~/about/bylaws-

Sorry -- I was under the impression that you had been involved in
this discussion for some time -- the Address Supporting Organization
has been an integral part of the the ICANN structure since before
there was an ICANN -- Postel proposed three supporting organizations
a long time ago.  Note that the White Paper is about "Management of
Internet Names and ADDRESSES".  Note the first of the IANA tasks
listed in the White Paper, *before* the listing of DNS:

1) Assignment of numerical addresses to Internet users. 

  Every Internet computer has a unique IP number.  IANA, headed by
  Dr.  Jon Postel, coordinates this system by allocating blocks of
  numerical addresses to regional IP registries (ARIN in North
  America, RIPE in Europe, and APNIC in the Asia/Pacific region),
  under contract with DARPA.  In turn, larger Internet service
  providers apply to the regional IP registries for blocks of IP
  addresses.  The recipients of those address blocks then reassign
  addresses to smaller Internet service providers and to end users. 


Here's some text from an earlier version of the ICANN bylaws:

Section 3. DESCRIPTION AND QUALIFICATIONS
(a) There shall at least be the following Supporting Organizations:
 (i) The Address Supporting Organization shall be composed of
 representatives from regional Internet address registries and others
 with legitimate interests in these issues, as determined by the Address
 Supporting Organization consistent with Section 2 of this Article and
 approved by the Board. The Address Supporting Organization shall create
 an Address Council to make recommendations to the Board regarding the
 operation, assignment and management of Internet addresses and other
 related subjects;
 
 (ii) The Domain Name Supporting Organization shall be composed of
 representatives from name registries and registrars of top-level
 domains ("TLDs"), businesses and any other entities that are users of
 the Internet and others with legitimate interests in these issues, as
 determined by the Domain Name Supporting Organization consistent with
 Section 2 of this Article and approved by the Board. The Domain Name
 Supporting Organization shall create a Names Council to make
 recommendations regarding TLDs, including operation, assignment and
 management of the domain name system and other related subjects; and
 
 (iii) The Protocol Supporting Organization shall be composed of
 representatives from Internet protocol organizations and others with   
 legitimate interests in these issues, as determined by the Protocol  
 Supporting Organization consistent with Section 2 of this Article and
 approved by the Board. The Protocol Supporting Organization shall
 create a Protocol Council to make recommendations regarding the
 operation, assignment and management of protocol parameters, such as
 port numbers, enterprise numbers, other technical parameters and
 related subjects.

 In my abysmal ignorance, I beg your indulgence once again: where 
 is the *intended function of the ASO specified? What are the 
 pressing questions an ASO will be expected to take up? 
 
 kerry
 
 BTW, is there a documentary record of why the IANA draft bylaws 
 which read 

[...]

There were many IANA drafts.  I have some of them somewhere, but I
don't know of any site that has a complete record of all the changes
that were made or why. 

BTW, did you look for information about the supporting organizations in 
the IANA draft you quoted above?

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain



[IFWP] Re: feedback on NYT article

1999-05-29 Thread Jeri Clausing

esther,

in our conversation, you told me the board had endorsed the principles of the report. 
maybe i misunderstood, but neither my notes or
my memory recall any discussion of specifid chapters being endorsed and others being 
referred WITHOUT recommendation. because i had
no written info, i kept the story general and emphasized that the report was open for 
change. unfortunately, michael froomkin
commented on bad info i gave him,  believing that the principles of the famous marks 
section were among the principles  after we saw
the written release, i went back and put in comments in clearer  context.

my apologies to both of you for any confusion. perhaps this is another argument for 
open meetings?  : )

jeri

-Original Message-
From: Esther Dyson [EMAIL PROTECTED]
To: [EMAIL PROTECTED] [EMAIL PROTECTED]
Cc: [EMAIL PROTECTED] [EMAIL PROTECTED]; [EMAIL PROTECTED] [EMAIL PROTECTED]; Dave Farber 
[EMAIL PROTECTED]
Date: Saturday, May 29, 1999 10:32 AM
Subject: feedback on NYT article


Jeri -

In our conversation on Thursday, I said  to you that we had endorsed many of
the "principles" of the WIPO report, most notably uniform dispute
resolution, but not the specific recomemendations.

 I  suggested that you consult the press release and resolutions for
details, which include  separate approaches to three separate
categories/sections of the report (and which you to some extent outline
later in the story). We did, as many public comments had advised us to,
refer the second two categories (as opposed to approaches we had de facto
already adopted in our registrar accreditation guidelines) to the DNSO. In
other words, though the second paragraph of the story and subsequent details
were better, the lede was seriously misleading.  What more can I say?

Unfortunately, these seemingly  subtle distinctions are important.  (For
everyone: The details are at
http://www.icann.org/berlin/berlin-resolutions.html and
http://www.icann.org/berlin/berlin-details.html.)


Esther





  May 28, 1999


  Internet Board Backs Rules to Limit
  Cybersquatters

  By JERI CLAUSING

   he board of the Internet's new oversight organization on Thursday
   endorsed a controversial set of recommendations for cracking
  down on so-called cybersquatters, who register trademarks and other
  popular words as Internet addresses.

  Esther Dyson, interim chairman of the organization, the Internet
  Corporation for Assigned Names and Numbers, emphasized that the
  board's endorsement merely affirmed the broader principles of the
  recommendations, which were issued last month by the World
  Intellectual Property Organization (WIPO), an arm of the United
  Nations. Many of the details, she said, would be open to amendment.

  The board deferred final adoption of the
  recommendations until they can be reviewed by
  one of ICANN's newly formed member groups.
  Absent from that group, however, is the
  constituency that critics say have the most to lose
  under the recommendations: individuals and
  non-commercial interests who have already
  registered Internet addresses and could have them
  taken away.

  Like everything surrounding the Clinton
  Administration's process for handing administration
  of the Internet to ICANN, the board's action was
  immediately criticized as contrary to its charge to
  be a "bottom's up" organization and follow the lead
  of its worldwide constituents.

  Brian O'Shaughnessy, a spokesman for Network Solutions Inc., which
  has held an exclusive government contract for registering names in the
  top-level domains of .com, .net and org since 1993, said after
Thursday's
  action that ICANN was envisioned "as a limited standard-setting body
  which is consensus based." But he said that when the board begins
  making such decisions, "It's top down instead of bottoms up."

  A. Michael Froomkin, a University of Miami law professor who advised
  WIPO on the recommendations and who has been critical of some of its
  major provisions, said he was pleased that the ICANN endorsement
  applied only to the broader dispute resolution principles. Three other
  chapters, including that recommending that ICANN establish a system
  for protecting not only trademarks but other famous words, was
referred
  to the membership committee without recommendation.

  Still, he questioned the need for the board to take any action yet.

  "Why are they endorsing things before they send them to the supporting
  organization for review? " he asked.

  The unanimous endorsement of the principles by ICANN's board came
  during an eight-hour closed board 

[IFWP] Re: feedback on NYT article

1999-05-29 Thread Dave Farber


YUP IT IS!!!



my apologies to both of you for any confusion. perhaps this is another argument for 
open meetings?  : )

jeri



Re: [IFWP] Re: feedback on NYT article

1999-05-29 Thread Jeff Williams

Jeri and all,

  If you remember some time ago I attempted to enlighten you in regards
to Esther Dyson and the ICANN INterim Board.  This confusion is just
another example of her many attempts to expunge herself and the ICANN in a manner that 
is somewhat less than honest and accurate but in
a light that is favorable
to what the wish for everyone to believe.

  The plot thickens or sickens, so to speak, eh?

Jeri Clausing wrote:

 esther,

 in our conversation, you told me the board had endorsed the principles of the 
report. maybe i misunderstood, but neither my notes or
 my memory recall any discussion of specifid chapters being endorsed and others being 
referred WITHOUT recommendation. because i had
 no written info, i kept the story general and emphasized that the report was open 
for change. unfortunately, michael froomkin
 commented on bad info i gave him,  believing that the principles of the famous marks 
section were among the principles  after we saw
 the written release, i went back and put in comments in clearer  context.

 my apologies to both of you for any confusion. perhaps this is another argument for 
open meetings?  : )

 jeri

 -Original Message-
 From: Esther Dyson [EMAIL PROTECTED]
 To: [EMAIL PROTECTED] [EMAIL PROTECTED]
 Cc: [EMAIL PROTECTED] [EMAIL PROTECTED]; [EMAIL PROTECTED] [EMAIL PROTECTED]; Dave Farber 
[EMAIL PROTECTED]
 Date: Saturday, May 29, 1999 10:32 AM
 Subject: feedback on NYT article

 Jeri -
 
 In our conversation on Thursday, I said  to you that we had endorsed many of
 the "principles" of the WIPO report, most notably uniform dispute
 resolution, but not the specific recomemendations.
 
  I  suggested that you consult the press release and resolutions for
 details, which include  separate approaches to three separate
 categories/sections of the report (and which you to some extent outline
 later in the story). We did, as many public comments had advised us to,
 refer the second two categories (as opposed to approaches we had de facto
 already adopted in our registrar accreditation guidelines) to the DNSO. In
 other words, though the second paragraph of the story and subsequent details
 were better, the lede was seriously misleading.  What more can I say?
 
 Unfortunately, these seemingly  subtle distinctions are important.  (For
 everyone: The details are at
 http://www.icann.org/berlin/berlin-resolutions.html and
 http://www.icann.org/berlin/berlin-details.html.)
 
 
 Esther
 
 
 
 
 
   May 28, 1999
 
 
   Internet Board Backs Rules to Limit
   Cybersquatters
 
   By JERI CLAUSING
 
he board of the Internet's new oversight organization on Thursday
endorsed a controversial set of recommendations for cracking
   down on so-called cybersquatters, who register trademarks and other
   popular words as Internet addresses.
 
   Esther Dyson, interim chairman of the organization, the Internet
   Corporation for Assigned Names and Numbers, emphasized that the
   board's endorsement merely affirmed the broader principles of the
   recommendations, which were issued last month by the World
   Intellectual Property Organization (WIPO), an arm of the United
   Nations. Many of the details, she said, would be open to amendment.
 
   The board deferred final adoption of the
   recommendations until they can be reviewed by
   one of ICANN's newly formed member groups.
   Absent from that group, however, is the
   constituency that critics say have the most to lose
   under the recommendations: individuals and
   non-commercial interests who have already
   registered Internet addresses and could have them
   taken away.
 
   Like everything surrounding the Clinton
   Administration's process for handing administration
   of the Internet to ICANN, the board's action was
   immediately criticized as contrary to its charge to
   be a "bottom's up" organization and follow the lead
   of its worldwide constituents.
 
   Brian O'Shaughnessy, a spokesman for Network Solutions Inc., which
   has held an exclusive government contract for registering names in the
   top-level domains of .com, .net and org since 1993, said after
 Thursday's
   action that ICANN was envisioned "as a limited standard-setting body
   which is consensus based." But he said that when the board begins
   making such decisions, "It's top down instead of bottoms up."
 
   A. Michael Froomkin, a University of Miami law professor who advised
   WIPO on the recommendations and who has been critical of some of its
   major provisions, said he was pleased that the ICANN endorsement
   applied only to the broader dispute resolution principles. Three other
   chapters, including 

Re: [IFWP] Re: feedback on NYT article

1999-05-29 Thread Jeri Clausing

Esther,

I checked my facts when the information was available. And I revised the story to 
reflect the new information. You DID NOT go over
the three different areas. You said repeatedly that you had endorsed the report in 
principle. And you asked someone else in the room
several times what you had done.

The revised story reflects the different distinctions. If there is an error in it, 
please let me know so I can write a correction.

And the point my story makes is that parts of this report  that remain very 
controversial were referred and action is requested on
those items from a group that is not yet completely formed. Some people are very upset 
about that and it is my job to report both
sides.


Jeri



Jeri
-Original Message-
From: Esther Dyson [EMAIL PROTECTED]
To: Dave Farber [EMAIL PROTECTED]
Cc: Jeri Clausing [EMAIL PROTECTED]; [EMAIL PROTECTED] [EMAIL PROTECTED]; [EMAIL PROTECTED] 
[EMAIL PROTECTED]
Date: Saturday, May 29, 1999 1:30 PM
Subject: [IFWP] Re: feedback on NYT article


No, it's an argument for reporters to check their facts ...and to attend the
open meetings that we *do* have. On Wednesday, we clearly outlined the
distinctions among the three sections of the WIPO recommendations, and our
different treatment of each.

Esther

At 11:05 AM 29/05/99 -0400, Dave Farber wrote:

YUP IT IS!!!



my apologies to both of you for any confusion. perhaps this is another
argument for open meetings?  : )

jeri




Esther Dyson Always make new mistakes!
chairman, EDventure Holdings
interim chairman, Internet Corp. for Assigned Names  Numbers
[EMAIL PROTECTED]
1 (212) 924-8800
1 (212) 924-0240 fax
104 Fifth Avenue (between 15th and 16th Streets; 20th floor)
New York, NY 10011 USA
http://www.edventure.comhttp://www.icann.org

High-Tech Forum in Europe:  24 to 26 October 1999, Budapest
PC Forum: March 12 to 15, 2000, Scottsdale (Phoenix), Arizona
Book:  "Release 2.0: A design for living in the digital age"






[IFWP] Re: feedback on NYT article

1999-05-29 Thread Jeri Clausing

Esther,

I checked my facts when the information was available. And I revised the story to 
reflect the new information. You DID NOT go over
the three different areas. You said repeatedly that you had endorsed the report in 
principle. And you asked someone else in the room
several times what you had done.

The revised story reflects the different distinctions. If there is an error in it, 
please let me know so I can write a correction.

And the point my story makes is that parts of this report  that remain very 
controversial were referred and action is requested on
those items from a group that is not yet completely formed. Some people are very upset 
about that and it is my job to report both
sides.


Jeri


-Original Message-
From: Esther Dyson [EMAIL PROTECTED]
To: Dave Farber [EMAIL PROTECTED]
Cc: Jeri Clausing [EMAIL PROTECTED]; [EMAIL PROTECTED] [EMAIL PROTECTED]; [EMAIL PROTECTED] 
[EMAIL PROTECTED]
Date: Saturday, May 29, 1999 1:24 PM
Subject: Re: feedback on NYT article


No, it's an argument for reporters to check their facts ...and to attend the
open meetings that we *do* have. On Wednesday, we clearly outlined the
distinctions among the three sections of the WIPO recommendations, and our
different treatment of each.

Esther

At 11:05 AM 29/05/99 -0400, Dave Farber wrote:

YUP IT IS!!!



my apologies to both of you for any confusion. perhaps this is another
argument for open meetings?  : )

jeri




Esther Dyson Always make new mistakes!
chairman, EDventure Holdings
interim chairman, Internet Corp. for Assigned Names  Numbers
[EMAIL PROTECTED]
1 (212) 924-8800
1 (212) 924-0240 fax
104 Fifth Avenue (between 15th and 16th Streets; 20th floor)
New York, NY 10011 USA
http://www.edventure.comhttp://www.icann.org

High-Tech Forum in Europe:  24 to 26 October 1999, Budapest
PC Forum: March 12 to 15, 2000, Scottsdale (Phoenix), Arizona
Book:  "Release 2.0: A design for living in the digital age"






Re: [IFWP] Re: feedback on NYT article

1999-05-29 Thread Dave Crocker

At 01:50 PM 5/29/99 -0400, Jeri Clausing wrote:
the three different areas. You said repeatedly that you had endorsed the 
report in principle. And you asked someone else in the room
several times what you had done.

Somehow, I always thought that "in principle" was quite different from "in 
detail".

In the more subjective realm, I've come to view the term "in principle" as 
being used to mean -- rather clearly, frankly -- that there are 
reservations about the details.

An opening 'graph that says "...endorsed a controversial set of 
recommendations for cracking..." does not make this distinction and sounds 
vastly more definitive, formal  and final than the much-later text "The 
board deferred final adoption of the recommendations until...".

Sure enough, the national pickup of this article got exactly the wrong 
meaning from it, failing to distinguish principle from detail, and initial 
support from formal passage.

But, then, the article does not point out the very limited consistency that 
Froomkin has, or to explicitly make clear that delay is in the interest of 
NSI.  But who gets quoted?

For that matter, where are the quotations of support in the article?

As always, it is far easier to write a story about controversy than about 
compromise.

d/

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dave Crocker Tel: +1 408 246 8253
Brandenburg Consulting   Fax: +1 408 273 6464
675 Spruce Drive http://www.brandenburg.com
Sunnyvale, CA 94086 USA mailto:[EMAIL PROTECTED]



Re: [IFWP] Re: feedback on NYT article

1999-05-29 Thread Jeff Williams

Jeri and all,

  Good for you Jeri!  ;)  You shouldn't take the nonsense that Esther
Dyson continually put out.  She is continually being disingenuous.  This
exchange on this thread is just one of many many examples.  And yes
you should report BOTH sides as any good journalist should

Jeri Clausing wrote:

 Esther,

 I checked my facts when the information was available. And I revised the story to 
reflect the new information. You DID NOT go over
 the three different areas. You said repeatedly that you had endorsed the report in 
principle. And you asked someone else in the room
 several times what you had done.

 The revised story reflects the different distinctions. If there is an error in it, 
please let me know so I can write a correction.

 And the point my story makes is that parts of this report  that remain very 
controversial were referred and action is requested on
 those items from a group that is not yet completely formed. Some people are very 
upset about that and it is my job to report both
 sides.

 Jeri

 Jeri
 -Original Message-
 From: Esther Dyson [EMAIL PROTECTED]
 To: Dave Farber [EMAIL PROTECTED]
 Cc: Jeri Clausing [EMAIL PROTECTED]; [EMAIL PROTECTED] [EMAIL PROTECTED]; [EMAIL PROTECTED] 
[EMAIL PROTECTED]
 Date: Saturday, May 29, 1999 1:30 PM
 Subject: [IFWP] Re: feedback on NYT article

 No, it's an argument for reporters to check their facts ...and to attend the
 open meetings that we *do* have. On Wednesday, we clearly outlined the
 distinctions among the three sections of the WIPO recommendations, and our
 different treatment of each.
 
 Esther
 
 At 11:05 AM 29/05/99 -0400, Dave Farber wrote:
 
 YUP IT IS!!!
 
 
 
 my apologies to both of you for any confusion. perhaps this is another
 argument for open meetings?  : )
 
 jeri
 
 
 
 
 Esther Dyson Always make new mistakes!
 chairman, EDventure Holdings
 interim chairman, Internet Corp. for Assigned Names  Numbers
 [EMAIL PROTECTED]
 1 (212) 924-8800
 1 (212) 924-0240 fax
 104 Fifth Avenue (between 15th and 16th Streets; 20th floor)
 New York, NY 10011 USA
 http://www.edventure.comhttp://www.icann.org
 
 High-Tech Forum in Europe:  24 to 26 October 1999, Budapest
 PC Forum: March 12 to 15, 2000, Scottsdale (Phoenix), Arizona
 Book:  "Release 2.0: A design for living in the digital age"
 
 
 

Regards,

--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208




Re: [IFWP] Re: feedback on NYT article

1999-05-29 Thread Michael Froomkin - U.Miami School of Law

Two points:

1) there's an enormous difference between endorsing the entire report
"in principle but not in detail" and taking no view of some very
controversial parts of it.  For those who object to the entire proposal
regarding famous marks on he principle of the thing, even an endorsement
"in principle" would be pretty upsetting.  It not being there matters.

2) I am uncertain what your remark about constituencies is supposed to
mean, but for the record I claim a constituency of one -- myself -- and am
more than content for my statements to stand or fall on the power or
idiocy of my ideas.  This is why I write them out in some detail. (c.f.
http://www.law.miami.edu/~amf ).

There are some very legitimate questions to be asked about who loses/wins
from delay.  Before we even address those, though, lawyers like me will
ask you if you think you are doing a short term thing or trying to build
for the long term.  If you are thinking long term then you need to worry
about getting process right, not just outcomes.  It seems to me that the
current ICANN resolution on WIPO gets the substance right enough (if not
quite like how I might have ideally wanted it).  I am not persuaded it
gets the process right, given the kerfuffle over the DNSOs, and more
importantly, the issue of whether this Board ought to be doing substance
or standing up for the principle that it's up to the first real Board to
to do that.  Of course, if you are focused on the short-term bottom line,
this is not going to be an appealing argument...

On Sat, 29 May 1999, Dave Crocker wrote:

 At 01:50 PM 5/29/99 -0400, Jeri Clausing wrote:
 the three different areas. You said repeatedly that you had endorsed the 
 report in principle. And you asked someone else in the room
 several times what you had done.
 
 Somehow, I always thought that "in principle" was quite different from "in 
 detail".
 
 In the more subjective realm, I've come to view the term "in principle" as 
 being used to mean -- rather clearly, frankly -- that there are 
 reservations about the details.
 
 An opening 'graph that says "...endorsed a controversial set of 
 recommendations for cracking..." does not make this distinction and sounds 
 vastly more definitive, formal  and final than the much-later text "The 
 board deferred final adoption of the recommendations until...".
 
 Sure enough, the national pickup of this article got exactly the wrong 
 meaning from it, failing to distinguish principle from detail, and initial 
 support from formal passage.
 
 But, then, the article does not point out the very limited consistency that 
 Froomkin has, or to explicitly make clear that delay is in the interest of 
 NSI.  But who gets quoted?
 
 For that matter, where are the quotations of support in the article?
 
 As always, it is far easier to write a story about controversy than about 
 compromise.
 
 d/
 
 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
 Dave Crocker Tel: +1 408 246 8253
 Brandenburg Consulting   Fax: +1 408 273 6464
 675 Spruce Drive http://www.brandenburg.com
 Sunnyvale, CA 94086 USA mailto:[EMAIL PROTECTED]
 
 

-- 
A. Michael Froomkin   |Professor of Law|   [EMAIL PROTECTED]
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
--   It's hot here.   -- 



Re: [IFWP] Re: feedback on NYT article

1999-05-29 Thread Dave Crocker

At 03:23 PM 5/29/99 -0400, Michael Froomkin - U.Miami School of Law wrote:
2) I am uncertain what your remark about constituencies is supposed to

Michael, I apologize for the confusion of my reference to you.  Somewhat 
out of character, my comment was not so much focused on the fact that you 
-- or any other individual -- had concerns, but that the reporting of the 
concerns gives the impression that it represents a larger "constituency" 
with that concern.

Given the scarce real-estate of such an article, who is quoted -- and how 
-- is a very, very important choice for the reporter.

There is always someone, somewhere with an objection, no matter the 
topic.  Hence, the context of the objection is frankly more important than 
the details of it.  The article provided no such context.  Unfortunately, 
there is nothing all that distinctive about this reportorial failure, 
either for this topic or much other reporting.

There are some very legitimate questions to be asked about who loses/wins
from delay.  Before we even address those, though, lawyers like me will
ask you if you think you are doing a short term thing or trying to build
for the long term.  If you are thinking long term then you need to worry

Some of us have developed a rather interesting base of experience and it 
has taught us that there is no long-term, except with respect to 
short-term.  Our experience comes from IETF standards and from networking 
startups.  For any complex task, waiting to solve the "long-term" is a good 
way to ensure that nothing ever gets done, because there will never be a 
real and thorough understanding of the long term.  That is not a vote for 
precipitous decision-making, but for pushing to make decision quickly in 
order to ensure forward progress.  (For most of those seeking delay, this 
topic is -- requently literally -- purely academic.  Hence, they feel no 
need to worry about making forward progress.)

Rather, the real and effective way to pursue the long-term is with a series 
of near-term steps, making mid-course corrections as needed.  This is from 
pragmatic experience.  Some have attempted to dismiss that lesson, rather 
condescendingly, claiming that it might apply to a "homogeneous" "techie" 
environment, but I haven't noted those speakers demonstrating any 
alternative track record of success.  (Typically, they also have no 
first-hand knowledge about the real degree of diversity or expertise within 
those "homogeneous" and "technie" environments.)

Hence, they just serve to push for more delay.

about getting process right, not just outcomes.  It seems to me that the
current ICANN resolution on WIPO gets the substance right enough (if not
quite like how I might have ideally wanted it).  I am not persuaded it
gets the process right, given the kerfuffle over the DNSOs, and more

I've invested quite a lot in the IETF process, so I do not dismiss such 
concerns lightly, but I've also noticed that process concerns can produce 
the wrong outcome, such as releasing guilty felons.  it is far better to 
focus on the major content and treat the process as an adjunct, absence 
gross violations.  Given the visibility of this activity, gross violations 
will get gross and broad response, not just from a tiny band of vocal folk, 
but truly "from the community".

d/

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
Dave Crocker Tel: +1 408 246 8253
Brandenburg Consulting   Fax: +1 408 273 6464
675 Spruce Drive http://www.brandenburg.com
Sunnyvale, CA 94086 USA mailto:[EMAIL PROTECTED]



Re: [IFWP] Re: feedback on NYT article

1999-05-29 Thread William X. Walsh

On Sat, 29 May 1999 13:03:54 -0700, Dave Crocker
[EMAIL PROTECTED] wrote:

At 03:23 PM 5/29/99 -0400, Michael Froomkin - U.Miami School of Law wrote:
2) I am uncertain what your remark about constituencies is supposed to

Michael, I apologize for the confusion of my reference to you.  Somewhat 
out of character, my comment was not so much focused on the fact that you 
-- or any other individual -- had concerns, but that the reporting of the 
concerns gives the impression that it represents a larger "constituency" 
with that concern.

But that is just it, Dave.  It DOES represent a much larger
constituency than you or the rest of the CORE supporters want to
admit.

If you look at the online participation, I think it was made
ABUNDANTLY clear that there were a LARGE number of people who share
the concerns Mr Froomkin has put forth.

It is the insistant of your group to ignore those who cannot make a
face to face attendence that backs up your claim that this is not so.

You are attempting to mischaracterize the level of support for his
concerns in an effort to acheive short term goals that are
unacceptable to a vast number of stakeholders.

I have a serious question for you Dave.  Why do you insist on
charactizing these concerns as minimal and trivial when the sheer
volume of concerns shows this to be otherwise?  

I recently watched a thread on a popular interactive "geek" tech news
site  when the WIPO report was released.  By a vast margin, they came
to the same conclusions as those of us who oppose the adoption of the
WIPO guidelines.  As a community they number in the tens of thousands.
They have been instrumental as a community in applying influence on
corporations such as IBM and Proctor and Gamble, and many others, on
similar issues.  Their activist efforts have even coined a new phrase
to describe the effect that their efforts have.  Groups of this size
exist, and share many of the concerns stated.  Would you like them to
make their opinions and comments known to ICANN?  Can ICANN handle the
sheer volume of email and web site traffic such a grassroots effort by
interested stakeholders could generate?  Would THAT convince you there
is OVERWHELMING concerns with the WIPO reports?

What will it take for you to open your eyes and see that there are
stakeholders and participants who are outside the
IAHC/ISOC/gTLD-MoU/PAB/CORE sphere of influence?  You well know these
"groups" act together and usually with one voice.  They may as well be
ONE group.  But they do NOT constitute even a simple majority of the
interested stakeholders.not even close.



--
William X. Walsh [EMAIL PROTECTED]
General Manager, DSo Internet Services
Fax:(209) 671-7934



[IFWP] Re: feedback on NYT article

1999-05-29 Thread Kerry Miller


  It expects to formally recognize a third group, the Address 
  Supporting Organization in Santiago.  

Can someone help me with the antecedents for this SO? Is there 
mention in the Bylaws of anything besides DNSO, PSO, and the at-
large membership? 

kerry
 







Re: [IFWP] Re: feedback on NYT article

1999-05-29 Thread Kent Crispin

On Sat, May 29, 1999 at 10:42:40PM +, Kerry  Miller wrote:
 
   It expects to formally recognize a third group, the Address 
   Supporting Organization in Santiago.  
 
 Can someone help me with the antecedents for this SO? Is there 
 mention in the Bylaws of anything besides DNSO, PSO, and the at-
 large membership? 

Yes.

-- 
Kent Crispin   "Do good, and you'll be
[EMAIL PROTECTED]   lonesome." -- Mark Twain