Subject: GA-DIGEST V1 #1529
From: [email-masked] (GA-DIGEST)
To: [email-masked]

GA-DIGEST         Tuesday, December 17 2002         Volume 01 : Number 1529

----------------------------------------------------------------------

Date: Sun, 15 Dec 2002 19:50:22 -0500 (EST)
From: Joe Baptista <[email-masked]>
Subject: Re: [ga] webcast?

the has been the most pathetic meeting of all icann meetings.

Cheers
Joe Baptista

- --
Planet Communications & Computing Facility
a division of The dot.GOD Registry, Limited

On Sun, 15 Dec 2002, Jeff Williams wrote:

> Leah and all assembly members,
>
>   It has been up and down mostly.  Typical...  Or at least, typicalfor
> ICANN
> that is...
>
> L. Gallegos wrote:
>
> > Is anyone able to get the webcast?
> >
> > Leah
> >
> > --
> > This message was passed to you via the [email-masked] list.
> > Send mail to [email-masked] to unsubscribe
> > ("unsubscribe ga" in the body of the message).
> > Archives at http://www.dnso.org/archives.html
>
> Regards,
>
> --
> Jeffrey A. Williams
> Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
> CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> Information Network Eng. Group. INEG. INC.
> E-Mail [email-masked]
> Contact Number: 214-244-4827 or 972-244-3801
> Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
>
>
> --
> This message was passed to you via the [email-masked] list.
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>

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------------------------------

Date: Sun, 15 Dec 2002 20:25:31 -0800
From: Jeff Williams <[email-masked]>
Subject: Re: [ga] webcast?

Joe and all assembly members,

  Thus far I am afraid from the independent reports I have thus far
received,
the Amsterdam ICANN meeting has been certainly less than
stellar, to be sure...

  The Webcast being less than adequately available is pretty much the
same old song and dance as we have seen with each and every
ICANN meeting, except this time it is decidedly worse.  For an
organization that purports to be leading the technical policies for
the Internet, such poor performance is less than reasonably
expectable and begs the question of technical competence..

  However Joe, I, and I am sure many other
stakeholder/users, appreciate your frank, and always bluntly honest
evaluation...  I am also personally just as sure that the ICANN
BoD and staff will not adequately have ANY appreciation for
it at all...

Joe Baptista wrote:

> the has been the most pathetic meeting of all icann meetings.
>
> Cheers
> Joe Baptista
>
> --
> Planet Communications & Computing Facility
> a division of The dot.GOD Registry, Limited
>
> On Sun, 15 Dec 2002, Jeff Williams wrote:
>
> > Leah and all assembly members,
> >
> >   It has been up and down mostly.  Typical...  Or at least, typicalfor
> > ICANN
> > that is...
> >
> > L. Gallegos wrote:
> >
> > > Is anyone able to get the webcast?
> > >
> > > Leah
> > >
> > > --
> > > This message was passed to you via the [email-masked] list.
> > > Send mail to [email-masked] to unsubscribe
> > > ("unsubscribe ga" in the body of the message).
> > > Archives at http://www.dnso.org/archives.html
> >
> > Regards,
> >
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
> > CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> > Information Network Eng. Group. INEG. INC.
> > E-Mail [email-masked]
> > Contact Number: 214-244-4827 or 972-244-3801
> > Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
> >
> >
> > --
> > This message was passed to you via the [email-masked] list.
> > Send mail to [email-masked] to unsubscribe
> > ("unsubscribe ga" in the body of the message).
> > Archives at http://www.dnso.org/archives.html
> >

Regards,

- --
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [email-masked]
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

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------------------------------

Date: Sun, 15 Dec 2002 12:27:14 -0500
From: "L. Gallegos" <[email-masked]>
Subject: Re: [ga] webcast?

It's the last time I'll lose sleep trying to attend a worthless meeting, 
that's for sure.

Leah

On 15 Dec 2002 at 19:50, Joe Baptista wrote:

> the has been the most pathetic meeting of all icann meetings.
> 
> Cheers
> Joe Baptista
> 
> --
> Planet Communications & Computing Facility
> a division of The dot.GOD Registry, Limited
> 
> On Sun, 15 Dec 2002, Jeff Williams wrote:
> 
> > Leah and all assembly members,
> >
> >   It has been up and down mostly.  Typical...  Or at least, typicalfor
> > ICANN
> > that is...
> >
> > L. Gallegos wrote:
> >
> > > Is anyone able to get the webcast?
> > >
> > > Leah
> > >
> > > --
> > > This message was passed to you via the [email-masked] list.
> > > Send mail to [email-masked] to unsubscribe
> > > ("unsubscribe ga" in the body of the message).
> > > Archives at http://www.dnso.org/archives.html
> >
> > Regards,
> >
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
> > CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> > Information Network Eng. Group. INEG. INC.
> > E-Mail [email-masked]
> > Contact Number: 214-244-4827 or 972-244-3801
> > Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
> >
> >
> > --
> > This message was passed to you via the [email-masked] list.
> > Send mail to [email-masked] to unsubscribe
> > ("unsubscribe ga" in the body of the message).
> > Archives at http://www.dnso.org/archives.html
> >
> 
> 

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------------------------------

Date: Mon, 16 Dec 2002 01:04:08 -0800 (Pacific Standard Time)
From: Karl Auerbach <[email-masked]>
Subject: Answering a question - Was Re: [ga] Stolen domains...

On Mon, 9 Dec 2002 [email-masked] wrote:

> > There are many who think that our Internet situation is somehow new and
> > unique.  It is not. The internet is not the first situation in which
> > people have had to deal with cross jurisdictional protection of perceived
> > rights....

> With regard to the above, colleagues (particularly those who have read
> Michael's commentary on the WIPO report) will recognise the following:

> The Domain Name System (DNS) has presented a set of problems for
> intellectual property policy, as well as a set of opportunities, that
> are perhaps unique in the historical development of the intellectual
> property system.  The problems arise from the spontaneous adaptation of
> a technical addressing systemto functions and purposes beyond those for
> which it was originally designed.

I'm not willing to immediately grant that DNS is unique.  Certainly when
the statute of Anne (in the early 1700's?) was enacted nobody had any
concept of sound recordings, semiconductor masks, or movies.

> In addition to providing a human friendly, reliable and stablerooting
> system, the DNS has given rise to identifiers that are used
> forcommercial, cultural, governmental, political and social purposes,
> both on the Internet itself and in similar contexts beyond the Internet.

I personally find it extremely unfortunate that DNS has been used in this
way.  DNS is not a good tool for this kind of use.  We have self
mesmorized ourselves about DNS and have established mechanisms such as
ICANN that have ossified our thinking about what it is that we really want
out of Internet directory systems.  Notice I said systems, plural, not
system, singlar. We need directory systems for the Internet that help
people to do what they want and need to do rather than tying everything to
the Procrustian iron bed of DNS and its limitations.

> Would I be right in inferring from your general view both on this email
> list and recent account of your thoughts in the newspaper article that
> we now have:

> (i) dissonance between theory and practice (ie ad hoc jurisprudence or
> in your words "amateur" rulings)

The UDRP was established by the intellectual property industry, for the
intellectual property industry, and exclusively for the benefit of the
intellectual property industry.  The UDRP was defined in isolation, and
indeed with disdain for, the interests of the public.  And the system that
applies the UDRP is worse, far worse.

> (ii) governance policy being informed by pragmatism rather than
> established "theoretical" arguments; consequently the "first come first
> served" rule becoming captured by the rent seeking conglomerates?

The word "pragmatism" is something that is context sensitive - what is
"pragmatic" to an captain of IP industry might be quite non-pragmatic to
someone who likes to read old books.

Good policy comes out of a well fought fight between all parties of
interest, bad policy comes out of single-interest fiats.  In ICANN we have
had selected "stakeholder" - pre-chosen groups who have been given the
right to define policy onto all of us.  Why has ICANN been formed so that
only those with the most focused financial interests have been allowed
into the forums of policy creation?  The rest of us are affected by these
policies, we are hurt by them, yet we are only allowed to endure those
policies, not to participate in their formation.

		--karl--

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------------------------------

Date: Mon, 16 Dec 2002 12:44:51 +0100
From: Thomas Roessler <[email-masked]>
Subject: Re: [ga] FYI: Amsterdam Public Forum notes

On 2002-12-14 16:02:23 -0800, Jeff Williams wrote:

>   From our [INEGroup] members attending, I am getting a much
>   different picture that these references indicate...

Well, I only saw one person carrying an INEGroup name tag there...

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------------------------------

Date: Mon, 16 Dec 2002 15:04:18 +0100
From: "DNSO SECRETARIAT" <[email-masked]>
Subject: [ga] GNSO Council teleconf Agenda Dec 19, 2002

[To: [email-masked], [email-masked]]
[To: [email-masked], [email-masked]]

ICANN/DNSO

          GNSO Council Teleconference on 19 December 2002 - agenda

  ------------------------------------------------------------------------

16 December 2002.

This agenda was established according to the old Rules of Procedure for the
DNSO Names Council
http://www.dnso.org/dnso/notes/20010711.NCprocedures-v3.0.html

Dial in number to be announced.

The secretary, Glen de St. Géry, will take notes

Bruce Tonkin will be chairing the NC teleconference.

Running time for meeting - 60 mins.

Agenda

  1. Re-election of Chairman
     http://www.icann.org/minutes/minutes-appa-31oct02.htm#X-5.1d
     http://www.icann.org/minutes/minutes-appb-15dec02.htm

  2. Change of constituency names from old DNSO constituencies to new GNSO
     constituencies
     http://www.icann.org/minutes/minutes-appa-31oct02.htm#X-5.1d
     http://www.icann.org/minutes/minutes-appb-15dec02.htm

  3. Discussion of GNSO operating procedures
     http://www.icann.org/minutes/minutes-appa-31oct02.htm#X-5.1d

  4. Report on web site

  5. Budget committee motion:

     The GNSO budget committee is delegated the responsibility for
     authorizing payment for DNSO and GNSO expenses to the same extent as
     was the DNSO budget committee.
     As to DNSO funds held by ICANN, they are transferred to be used for the
     benefit of the GNSO, provided that all DNSO obligations to the DNSO are
     paid.

  6. Continuation of the agreement with AFNIC and FISAT Inc.

     Date, time, phone numbers

          The GNSO Council teleconference will be held on 19 December 2002
          at the following time:

          ( 13:00 LA, 16:00 New York, 22:00 Paris, 06:00 Japan/Korea Friday
          , 08:00 Friday Melbourne)

              ------------------------------------------------------------
              Local time between November and end March, WINTER in the
NORTHERN hemisphere
              ------------------------------------------------------------
              Reference (Coordinated Universal Time)     UTC         21:00
              ------------------------------------------------------------
              California, USA                            UTC-8+0DST  13:00
              Monterrey, Mexico                          UTC-6+0DST  15:00
              Washington DC, USA                   (EST) UTC-5+0DST  16:00
              Lima, Peru                                 UTC-5+0DST  16:00
              Buenos Aires, Argentina                    UTC-3+0DST  18:00
              London, United Kingdom                     UTC+0+0DST  21:00
              Brussels, Belgium                    (CET) UTC+1+0DST  22:00
              Barcelona, Spain                     (CET) UTC+1+0DST  22:00
              Dusseldorf, Germany                  (CET) UTC+1+0DST  22:00
              Paris, France                        (CET) UTC+1+0DST  22:00
              Seoul, Korea                               UTC+9+0DST  06:00
FRIDAY
              Auckland, New Zealand                     UTC+12+1DST  10:00
FRIDAY
              Melbourne, Australia                      UTC+10+1DST  08:00
FRIDAY
              ------------------------------------------------------------
              The DST ends/starts on last Sunday of March (with some
exceptions)
              ------------------------------------------------------------
              For other places see http://www.timeanddate.com/worldclock/

          Dial in number to be announced.

     Next GNSO council teleconference will be held on 16 January 2003,

  ------------------------------------------------------------------------

                 Information from:  © DNSO/GNSO Council

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------------------------------

Date: Mon, 16 Dec 2002 10:32:56 EST
From: [email-masked]
Subject: Re: Answering a question - Was Re: [ga] Stolen domains...

- --part1_156.18fdadc4.2b2f4c28_boundary
Content-Type: text/plain; charset="US-ASCII"
Content-Transfer-Encoding: 7bit

In a message dated 16/12/02 09:04:27 GMT Standard Time, [email-masked] 
writes:

> I personally find it extremely unfortunate that DNS has been used in this
> way.  DNS is not a good tool for this kind of use.  We have self
> mesmorized ourselves about DNS and have established mechanisms such as
> ICANN that have ossified our thinking about what it is that we really want
> out of Internet directory systems.  Notice I said systems, plural, not
> system, singlar. We need directory systems for the Internet that help
> people to do what they want and need to do rather than tying everything to
> the Procrustian iron bed of DNS and its limitations.
> 
> > Would I be right in inferring from your general view both on this email
> > list and recent account of your thoughts in the newspaper article that
> > we now have:
> 
> > (i) dissonance between theory and practice (ie ad hoc jurisprudence or
> > in your words "amateur" rulings)
> 
> The UDRP was established by the intellectual property industry, for the
> intellectual property industry, and exclusively for the benefit of the
> intellectual property industry.  The UDRP was defined in isolation, and
> indeed with disdain for, the interests of the public.  And the system that
> applies the UDRP is worse, far worse.

Karl -----many thanks for this. I trust colleagues are aware of the following 
[which some may not have heard]: It is perhaps timely given Karl's concerns...
=================
FYI
* ITU ccTLD Workshop
The World Intellectual Property Organization (WIPO) is pleased to announce 
that the International Telecommunication Union (ITU) will organize, on March 
3 and 4, 2003 a Workshop on Member States' Experiences with ccTLDs at the ITU 
Headquarters in Geneva. 

A session of this Workshop will be specifically devoted to intellectual 
property protection in the Domain Name System and WIPO's role in this area. 
Further information concerning WIPO's domain name program is available on 
WIPO's web site at http://ecommerce.wipo.int/domains/

The ITU meeting will be open to all interested parties and attendance is free 
of charge. Further information concerning the workshop and participation is 
available on ITU's web site at http://www.itu.int/ITU-T/worksem/cctld/ 
The ITU is a specialized agency of the United Nations which coordinates 
global telecom networks and services.

Yours sincerely,

Francis Gurry
Assistant Director General
World Intellectual Property Organization

==============================
Joseph Savirimuthu
The Liverpool Law School
University of Liverpool
Chatham Street
Liverpool
L69 7ZS
email: [email-masked]
Tel: 0151 794 2806
Fax: 0151 794 2829

- --part1_156.18fdadc4.2b2f4c28_boundary
Content-Type: text/html; charset="US-ASCII"
Content-Transfer-Encoding: 7bit

<HTML><FONT FACE=arial,helvetica><FONT  COLOR="#0080ff" SIZE=2 FAMILY="SERIF" FACE="Bookman Old Style" LANG="0"><B>In a message dated 16/12/02 09:04:27 GMT Standard Time, [email-masked] writes:
<BR>
<BR></FONT><FONT  COLOR="#000000" SIZE=2 FAMILY="SANSSERIF" FACE="Arial" LANG="0"></B>
<BR><BLOCKQUOTE TYPE=CITE style="BORDER-LEFT: #0000ff 2px solid; MARGIN-LEFT: 5px; MARGIN-RIGHT: 0px; PADDING-LEFT: 5px">I personally find it extremely unfortunate that DNS has been used in this
<BR>way. &nbsp;DNS is not a good tool for this kind of use. &nbsp;We have self
<BR>mesmorized ourselves about DNS and have established mechanisms such as
<BR>ICANN that have ossified our thinking about what it is that we really want
<BR>out of Internet directory systems. &nbsp;Notice I said systems, plural, not
<BR>system, singlar. We need directory systems for the Internet that help
<BR>people to do what they want and need to do rather than tying everything to
<BR>the Procrustian iron bed of DNS and its limitations.
<BR>
<BR>&gt; Would I be right in inferring from your general view both on this email
<BR>&gt; list and recent account of your thoughts in the newspaper article that
<BR>&gt; we now have:
<BR>
<BR>&gt; (i) dissonance between theory and practice (ie ad hoc jurisprudence or
<BR>&gt; in your words "amateur" rulings)
<BR>
<BR>The UDRP was established by the intellectual property industry, for the
<BR>intellectual property industry, and exclusively for the benefit of the
<BR>intellectual property industry. &nbsp;The UDRP was defined in isolation, and
<BR>indeed with disdain for, the interests of the public. &nbsp;And the system that
<BR>applies the UDRP is worse, far worse.</FONT><FONT  COLOR="#000000" SIZE=3 FAMILY="SANSSERIF" FACE="Arial" LANG="0"></BLOCKQUOTE>
<BR></FONT><FONT  COLOR="#0080ff" SIZE=2 FAMILY="SERIF" FACE="Bookman Old Style" LANG="0"><B>
<BR>Karl -----many thanks for this. I trust colleagues are aware of the following [which some may not have heard]: It is perhaps timely given Karl's concerns...
<BR>=================
<BR>FYI
<BR>* ITU ccTLD Workshop
<BR>The World Intellectual Property Organization (WIPO) is pleased to announce that the International Telecommunication Union (ITU) will organize, on March 3 and 4, 2003 a Workshop on Member States' Experiences with ccTLDs at the ITU Headquarters in Geneva. 
<BR>
<BR>A session of this Workshop will be specifically devoted to intellectual property protection in the Domain Name System and WIPO's role in this area. Further information concerning WIPO's domain name program is available on WIPO's web site at http://ecommerce.wipo.int/domains/
<BR>
<BR>The ITU meeting will be open to all interested parties and attendance is free of charge. Further information concerning the workshop and participation is available on ITU's web site at http://www.itu.int/ITU-T/worksem/cctld/ 
<BR>The ITU is a specialized agency of the United Nations which coordinates global telecom networks and services.
<BR>
<BR>Yours sincerely,
<BR>
<BR>Francis Gurry
<BR>Assistant Director General
<BR>World Intellectual Property Organization
<BR>
<BR>==============================
<BR></FONT><FONT  COLOR="#8000ff" SIZE=3 FAMILY="SERIF" FACE="Garamond" LANG="0">Joseph Savirimuthu
<BR>The Liverpool Law School
<BR>University of Liverpool
<BR>Chatham Street
<BR>Liverpool
<BR>L69 7ZS</FONT><FONT  COLOR="#8000ff" SIZE=2 FAMILY="SANSSERIF" FACE="Arial" LANG="0">
<BR>email: [email-masked]
<BR>Tel: 0151 794 2806
<BR>Fax: 0151 794 2829
<BR></B></FONT></HTML>

- --part1_156.18fdadc4.2b2f4c28_boundary--
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------------------------------

Date: Mon, 16 Dec 2002 16:58:23 +0100
From: Alexander Svensson <[email-masked]>
Subject: [ga] FYI: Board, meetings, resolutions, bylaws

Dear all,

the ICANN "Transition Board" now consists of the 
following 16 persons:

 Vint Cerf (Chairman)
 Alejandro Pisanty (Vice-Chairman)
 Stuart Lynn (President and CEO)
 Amadeu Abril i Abril
 Ivan Moura Campos
 Lyman Chapin
 Jonathan Cohen
 Mouhamet Diop
 Masanobu Katoh
 Hans Kraaijenbrink
 Sang-Hyon Kyong
 Andy Mueller-Maguhn
 Nii Quaynor
 Helmut Schink
 Francisco A. Jesus Silva
 Linda S. Wilson

The next meetings will be:

 3-27 March 2003: Rio de Janero, Brazil
 22-26 June 2003: Montreal, Canada
 1-5 December 2003: Carthage, Tunisia 

The Amsterdam resolutions are now posted at
http://www.icann.org/minutes/prelim-report-15dec02.htm 

There have been five slight revisions (posted at
http://www.icann.org/minutes/minutes-appa-15dec02.htm)
of the new Bylaws (which can be found at
http://www.icann.org/minutes/minutes-appa-31oct02.htm).

The Transition Article of the new Bylaws 
(http://www.icann.org/minutes/minutes-appb-15dec02.htm)
has been adopted, so the new Bylaws have now become 
effective.

Best regards,
/// Alexander 

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Date: Mon, 16 Dec 2002 08:45:12 -0800 (PST)
From: Karl Auerbach <[email-masked]>
Subject: Re: [ga] FYI: Board, meetings, resolutions, bylaws

On Mon, 16 Dec 2002, Alexander Svensson wrote:

> the ICANN "Transition Board" now consists of the 
> following 16 persons:

(I notice my name missing from your list)

One has to admire the utterly and unacceptably sloppy draftsmanship of the
definition of who is on the board now and who is not.

One can read that definition as saying that at this time I am off the
board, but that I can rejoin by sending a letter.  Or one can try to read
it as saying that I'm still on the board but that I lapse if I don't
respond by the indicated date.

How can ICANN measure a quorum when it can't even say who are the
directors and who are not?

I also really am amused by the amazing stretch of semantics that allows
certain directors who came into ICANN four years ago, for one year terms, 
and who have never been voted into their directorships by anyone, to claim
the mantle of "at-large" and to once again extend their terms - this time
into the fifth year, a 500% overextension of the original time.  And this
was done in the name of "continuity"?  Didn't ICANN just "reform" itself
in order to break the links to its past failures?  Or are we simply
observing a facade, a facade made all the more clear by the grasping acts
of old faces with old ideas, a facade in which ICANN has simply painted
some cheap new words onto a very shabby old structure?

[For those of you who were wondering why I wasn't there - I had planned on
participating by telephone but we were clobbered here in Santa Cruz by a
major storm coming out of the Pacific and our fragile utility structure
here did what it usually does when the trees fall, the rivers rise, and
the hillsides slide - it collapses.  So I was without power or telephone
for the days surrounding and during the meeting.]

And for those of you wondering whether I will continue or not ... stay 
tuned.

		--karl--

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Date: Mon, 16 Dec 2002 18:25:18 -0800
From: Jeff Williams <[email-masked]>
Subject: Re: Answering a question - Was Re: [ga] Stolen domains...

Karl and all assembly members or other interested stakeholders/users,

Karl Auerbach wrote:

> On Mon, 9 Dec 2002 [email-masked] wrote:
>
> > > There are many who think that our Internet situation is somehow new and
> > > unique.  It is not. The internet is not the first situation in which
> > > people have had to deal with cross jurisdictional protection of perceived
> > > rights....
>
> > With regard to the above, colleagues (particularly those who have read
> > Michael's commentary on the WIPO report) will recognise the following:
>
> > The Domain Name System (DNS) has presented a set of problems for
> > intellectual property policy, as well as a set of opportunities, that
> > are perhaps unique in the historical development of the intellectual
> > property system.  The problems arise from the spontaneous adaptation of
> > a technical addressing systemto functions and purposes beyond those for
> > which it was originally designed.
>
> I'm not willing to immediately grant that DNS is unique.  Certainly when
> the statute of Anne (in the early 1700's?) was enacted nobody had any
> concept of sound recordings, semiconductor masks, or movies.
>
> > In addition to providing a human friendly, reliable and stablerooting
> > system, the DNS has given rise to identifiers that are used
> > forcommercial, cultural, governmental, political and social purposes,
> > both on the Internet itself and in similar contexts beyond the Internet.
>
> I personally find it extremely unfortunate that DNS has been used in this
> way.  DNS is not a good tool for this kind of use.  We have self
> mesmorized ourselves about DNS and have established mechanisms such as
> ICANN that have ossified our thinking about what it is that we really want
> out of Internet directory systems.  Notice I said systems, plural, not
> system, singlar. We need directory systems for the Internet that help
> people to do what they want and need to do rather than tying everything to
> the Procrustian iron bed of DNS and its limitations.

  Very much agreed here.  The ICANN BoD and staff, now long captured
by the very folks that during the gTLD-MoU and IAHC debates and
attempts to take over the internet and in particular the DNSO and
IP registries, has hoist upon the stakeholders/users a set of policies
that are not well suited for the DNS specifically.  Yet there are groups
and organizations that had warned again and again, you among them Karl,
that saw this coming for years now.  And some of these groups are
still working to create better technical mechanisms to achieve exactly what
you are suggesting...

>
>
> > Would I be right in inferring from your general view both on this email
> > list and recent account of your thoughts in the newspaper article that
> > we now have:
>
> > (i) dissonance between theory and practice (ie ad hoc jurisprudence or
> > in your words "amateur" rulings)
>
> The UDRP was established by the intellectual property industry, for the
> intellectual property industry, and exclusively for the benefit of the
> intellectual property industry.  The UDRP was defined in isolation, and
> indeed with disdain for, the interests of the public.  And the system that
> applies the UDRP is worse, far worse.

  Very much agreed here.  The UDRP was a horrible and special interest
group imposed process that did not have nor has now the support of
any assemblance of the consensus of stakeholders/users participating.

>
>
> > (ii) governance policy being informed by pragmatism rather than
> > established "theoretical" arguments; consequently the "first come first
> > served" rule becoming captured by the rent seeking conglomerates?
>
> The word "pragmatism" is something that is context sensitive - what is
> "pragmatic" to an captain of IP industry might be quite non-pragmatic to
> someone who likes to read old books.
>
> Good policy comes out of a well fought fight between all parties of
> interest, bad policy comes out of single-interest fiats.

  How true.  Yet many hard fought debates were either ignored or
discounted by the captured ICANN BOD and staff and self interest,
special interest group borne policy was and continues to be imposed
by this captured ICANN BoD and staff...

>  In ICANN we have
> had selected "stakeholder" - pre-chosen groups who have been given the
> right to define policy onto all of us.  Why has ICANN been formed so that
> only those with the most focused financial interests have been allowed
> into the forums of policy creation?

  The answer to this question is of course obvious.

> The rest of us are affected by these
> policies, we are hurt by them, yet we are only allowed to endure those
> policies, not to participate in their formation.

  And here inlies and has been the problematic central process to
the ICANN mess...

>
>
>                 --karl--
>
> --
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Regards,
- --
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [email-masked]
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

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------------------------------

Date: Mon, 16 Dec 2002 18:30:01 -0800
From: Jeff Williams <[email-masked]>
Subject: Re: [ga] FYI: Board, meetings, resolutions, bylaws

Alexander and all assembly members,

  So, is Karl no longer on the BOD officially???

Alexander Svensson wrote:

> Dear all,
>
> the ICANN "Transition Board" now consists of the
> following 16 persons:
>
>  Vint Cerf (Chairman)
>  Alejandro Pisanty (Vice-Chairman)
>  Stuart Lynn (President and CEO)
>  Amadeu Abril i Abril
>  Ivan Moura Campos
>  Lyman Chapin
>  Jonathan Cohen
>  Mouhamet Diop
>  Masanobu Katoh
>  Hans Kraaijenbrink
>  Sang-Hyon Kyong
>  Andy Mueller-Maguhn
>  Nii Quaynor
>  Helmut Schink
>  Francisco A. Jesus Silva
>  Linda S. Wilson
>
> The next meetings will be:
>
>  3-27 March 2003: Rio de Janero, Brazil
>  22-26 June 2003: Montreal, Canada
>  1-5 December 2003: Carthage, Tunisia
>
> The Amsterdam resolutions are now posted at
> http://www.icann.org/minutes/prelim-report-15dec02.htm
>
> There have been five slight revisions (posted at
> http://www.icann.org/minutes/minutes-appa-15dec02.htm)
> of the new Bylaws (which can be found at
> http://www.icann.org/minutes/minutes-appa-31oct02.htm).
>
> The Transition Article of the new Bylaws
> (http://www.icann.org/minutes/minutes-appb-15dec02.htm)
> has been adopted, so the new Bylaws have now become
> effective.
>
> Best regards,
> /// Alexander
>
> --
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- --
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [email-masked]
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

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------------------------------

Date: Mon, 16 Dec 2002 17:42:37 -0800
From: [email-masked]
Subject: Re: [ga] FYI: Board, meetings, resolutions, bylaws

Dear Mr. Auerbach,

This is an open a scathing report regarding the workings of ICANN.
One would have to be a legal neophyte not to notice that you are intentionally
distancing yourself from the pirates on board this sinking ship.
You have taken legal action and now openly criticize them.
Another may suggest that you divulge as much information as you have in order
to further insulate yourself from the nefarious actions of your corporation.
LACNIC moves forward/ APNIC is struggling/ DOC is left completely out of the
loop and EU and CN are proliferating. Hmmmmmm?????
Sincerely,
Eric Dierker

Karl Auerbach wrote:

> On Mon, 16 Dec 2002, Alexander Svensson wrote:
>
> > the ICANN "Transition Board" now consists of the
> > following 16 persons:
>
> (I notice my name missing from your list)
>
> One has to admire the utterly and unacceptably sloppy draftsmanship of the
> definition of who is on the board now and who is not.
>
> One can read that definition as saying that at this time I am off the
> board, but that I can rejoin by sending a letter.  Or one can try to read
> it as saying that I'm still on the board but that I lapse if I don't
> respond by the indicated date.
>
> How can ICANN measure a quorum when it can't even say who are the
> directors and who are not?
>
> I also really am amused by the amazing stretch of semantics that allows
> certain directors who came into ICANN four years ago, for one year terms,
> and who have never been voted into their directorships by anyone, to claim
> the mantle of "at-large" and to once again extend their terms - this time
> into the fifth year, a 500% overextension of the original time.  And this
> was done in the name of "continuity"?  Didn't ICANN just "reform" itself
> in order to break the links to its past failures?  Or are we simply
> observing a facade, a facade made all the more clear by the grasping acts
> of old faces with old ideas, a facade in which ICANN has simply painted
> some cheap new words onto a very shabby old structure?
>
> [For those of you who were wondering why I wasn't there - I had planned on
> participating by telephone but we were clobbered here in Santa Cruz by a
> major storm coming out of the Pacific and our fragile utility structure
> here did what it usually does when the trees fall, the rivers rise, and
> the hillsides slide - it collapses.  So I was without power or telephone
> for the days surrounding and during the meeting.]
>
> And for those of you wondering whether I will continue or not ... stay
> tuned.
>
>                 --karl--
>
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End of GA-DIGEST V1 #1529
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