Subject: GA-DIGEST V1 #253
From: [email-masked] (GA-DIGEST)
To: [email-masked]

GA-DIGEST         Wednesday, February 28 2001         Volume 01 : Number 253

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

Date: Mon, 26 Feb 2001 23:25:05 -0800
From: Jeff Williams <[email-masked]>
Subject: [ga] NOT THE UDRP'S FINEST MOMENT (a repost from BNA Internet Law News)

All remaining assembly members,

An interesting and somewhat amusing (for the sarcastic and cynical among
us)
read:

The Register carries an interesting article on the recent
CelineDion.com decision in which the arbitrator appears to
have cut and paste the decision directly from an earlier
case involving the respondent.
http://www.theregister.co.uk/content/6/17161.html

Regards,

- --
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [email-masked]
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

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Date: Tue, 27 Feb 2001 01:05:25 -0500
From: "Joanna Lane" <[email-masked]>
Subject: RE: [ga] GA Chair

Seconded.
Joanna lane

- -----Original Message-----
From: [email-masked] [mailto:[email-masked]]On Behalf Of
Sotiropoulos
Sent: Monday, February 26, 2001 4:54 PM
Cc: [email-masked]
Subject: Re: [ga] GA Chair

I nominate Eric Dierker for GA Chair, and I hope
that someone will second this nomination ASAP.

Sotiris Sotiropoulos
	Hermes Network, Inc.
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Date: Tue, 27 Feb 2001 12:23:24 -0600
From: Bruce James <[email-masked]>
Subject: [ga] New TLD Agreements

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ICANN Melbourne Meeting Topic: New TLD Agreements

Posted: 26 February 2001

http://www.icann.org/melbourne/new-tld-agreements-topic.htm

/Bruce James
[email-masked]

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<CENTER><FONT face=3DArial size=3D+2>ICANN Melbourne Meeting Topic: New =
TLD=20
Agreements</FONT></CENTER>
<P></P>
<P>
<CENTER><FONT face=3DArial>Posted: 26 February =
2001</FONT></CENTER></FONT></DIV>
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<DIV><FONT color=3D#000080 size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT color=3D#000080 size=3D2><A=20
href=3D"http://www.icann.org/melbourne/new-tld-agreements-topic.htm">http=
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<DIV><FONT color=3D#000080 size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT color=3D#000080 size=3D2></FONT>&nbsp;</DIV>
<DIV><FONT color=3D#000080 size=3D2>/Bruce James<BR><A=20
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Date: Tue, 27 Feb 2001 05:22:43 -0800
From: Eric Dierker <[email-masked]>
Subject: Re: [ga] GA Chair

It is with great humbleness that I return to this list and thank you for
the support and nomination and accept both.
I apologize for offending anyone in any of my "various and sundry posts"
which resulted in penalty.  Clearly a perceived truth stated with malice
can be as wrongful as any lie. My conduct was unbecoming of a gentleman
and I again apologize.  My goal was to stop abuse and in the process I
became abusive.  In the future my goal and my passion will remain but my
words will be tempered.

Sincerely,

Joanna Lane wrote:

> Seconded.
> Joanna lane

>
> I nominate Eric Dierker for GA Chair, and I hope
> that someone will second this nomination ASAP.
>
> Sotiris Sotiropoulos
>         Hermes Network, Inc.

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Date: Tue, 27 Feb 2001 13:06:53 -0800
From: "William X. Walsh" <[email-masked]>
Subject: Re[2]: [ga] GA Chair

Hello Joanna,

Monday, February 26, 2001, 10:05:25 PM, Joanna Lane wrote:
>> I nominate Eric Dierker for GA Chair, and I hope
>> that someone will second this nomination ASAP.

> Seconded.

You have to be kidding.

The manner this person has displayed on this list is entirely
inappropriate for any candidate for chair and should prevent them from
even being under consideration.

- -- 
Best regards,
 William                            mailto:[email-masked]

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Date: Tue, 27 Feb 2001 13:26:11 -0800
From: Eric Dierker <[email-masked]>
Subject: [ga] STRUCTURE & MELBOURNE

The attached is a discussion between Greg and I that ocurred in the w-g
review.  I have crossed checked and cannot find the resolution to this
concept in the GA. It seemed to get eaten up in the remote
participation/selecting comments thread.
So at any rate are we preparing a recommendation on amending the by laws
so that the GA can somewhat self govern itself and be productive toward
its' own agendas?

Sincerely,

       At 12:18 AM 2/10/01, Eric Dierker wrote:
       > > (c) Membership in the GA shall consist of those individuals
listed in the
       > > GA Voting Registry.
       >
       >Who determines this?

       Registering voters is a Secretariat function - the form to submit
can be
       found at
http://www.dnso.org/dnso/notes/2000.GA-voting-registry.html

       > > (d) Participants in the GA shall nominate, pursuant to
procedures adopted
       > > by the NC and approved by the Board, persons to serve on the
Board in those
       > > seats reserved for the DNSO.
       >
       >Why did you switch from membership to participants?  And why are
the
       >procedures
       >determined by the NC?

       No reason on the switch - it can be changed to members for
consistency.
       Procedures are determined by the NC because under the bylaws the
NC is
       actually the responsible body for electing the Board members.
This was
       taken straight from the existing bylaws.

       > > (e) Officers of the GA shall include a chair, a co-chair, and
an ombudsman.
       > > Officers of the GA shall be elected annually according to the
voting
       > > procedures adopted by the GA and approved by the NC.
       >
       >Where does this "approved by the NC come from?"  Check out the
"SOs" they
       >do not
       >have parental guidance.

       The GA is not an SO - it's part of an SO, and the NC is the
governing body
       of the SO. This is a "dotting the i and crossing the t" line.

       > > (f) The Officers of the GA shall be members of the Names
Council.
       > >
       > > (g) The ombudsman shall be responsible for investigating
process issues
       > > within the DNSO, including but not limited to conflicts
involving the Names
       > > Council as a whole. The ombudsman shall report directly to
the ICANN Board
       > > of Directors.
       >
       >Excuse me, I would much rather they report to the GA.

       Well, the GA has no standing to do anything with such a report.
Typically
       an ombudsman function involving a dispute between two layers of a
structure
       will report to the supervising structure of the higher layer. The

       supervising structure of the NC is the Board of Directors.

       > > (h) Each constituency formed under Article VI-B Section 3 of
these bylaws
       > > shall select one member as the constituency observer to the
GA. Each
       > observer
       > > will be responsible for informing their constituency of the
GA's current
       > > activities on a timely basis.
       >
       >That is with the constituency charters not within the GA.  Why
all this self
       >imposed coalition with the commercial oriented constituencies.

       This was a suggestion by Bret Fausett, to address the need for
more
       participation in both the GA and the constituencies. I am unaware
of it
       being suggested by any constituency.

       > > There shall be no other fees required to participate in the
GA. The
       > > costs of GA mailing lists or other online mechanisms for
performing the
       > > work of the GA shall be the responsibility of the DNSO.
       >
       >Let us be prudent here on poor people lest the new Secretary
overseeing our
       >activities, Powell, think there is a divide. IP people stay at
the Waldorf
       >and GA
       >at the Y.

       Of course there is a financial divide - no one is pretending
there isn't.
       This is a simple expansion of the existing bylaws in order to
explicitly
       state that the online functions of the GA are required functions
and need
       to be paid for by the DNSO.

       > > (l) Upon application by no less than five members of the GA,
the Chair of
       > > the GA may recognize a Special Interest Group (SIG). Upon
such recognition,
       > > a SIG shall have a mailing list created by the Secretariat of
the DNSO.
       > > Each SIG shall have a clearly defined interest area, and
shall produce
       > > regular reports for the GA's consideration in that area. Each
application
       > > shall contain a definition of the interest area; a SIG name;
and the SIG's
       > > method for self-organization.
       >
       >You got me on this last one, Please explain.

       Working groups are large and noisy, which limits their
effectiveness AND
       increases their effectiveness. Working groups can currently only
be
       explicitly created by the Names Council, on issues the NC thinks
are
       amenable to handling through a WG. Working Group creation is
typically
       handled by creating a list, an archive for the list, and making
an
       announcement.

       What this portion of the proposal does is develop a mechanism for
bottom-up
       created groups, and guarantees that such groups will get at least
a mailing
       list for their work. While the NC can accept a recommendation
from any
       member of the GA, a SIG structure will allow those with common
interests to
       group together and hopefully produce more throrough reports for
       consideration by the GA itself, and the NC.

       Hope that helps,

       Regards,
       Greg

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Date: Tue, 27 Feb 2001 16:59:03 -0500
From: "JandL" <[email-masked]>
Subject: Re: [ga] New TLD Agreements

Note Appendix V.  Registries must comply with UDRP.  Choice just 
went completely out the window and WIPO wins.

> ICANN Melbourne Meeting Topic: New TLD Agreements
> 
> 
> Posted: 26 February 2001
> 
> 
> http://www.icann.org/melbourne/new-tld-agreements-topic.htm
> 
> 
> /Bruce James
> [email-masked]
> 
> 
> 
> 

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Date: Tue, 27 Feb 2001 15:06:32 -0800
From: "William X. Walsh" <[email-masked]>
Subject: Re[2]: [ga] New TLD Agreements

Hello JandL,

Tuesday, February 27, 2001, 1:59:03 PM, JandL wrote:

> Note Appendix V.  Registries must comply with UDRP.  Choice just 
> went completely out the window and WIPO wins.

Yes, but this was expected, wasn't it?

The UDRP is the single most glaring flaw with ICANN at the moment.  It
should be completely suspended until it is reformed.

- -- 
Best regards,
 William                            mailto:[email-masked]

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Date: Tue, 27 Feb 2001 18:20:46 -0500
From: "JandL" <[email-masked]>
Subject: Re: Re[2]: [ga] New TLD Agreements

> Hello JandL,
> 
> Tuesday, February 27, 2001, 1:59:03 PM, JandL wrote:
> 
> > Note Appendix V.  Registries must comply with UDRP.  Choice just
> > went completely out the window and WIPO wins.
> 
> Yes, but this was expected, wasn't it?

Yes it was.  What is interesting, though, is that at the moment, the 
UDRP is the only policy listed on that appendix.  The agreement 
makes it clear that registry operators will have little choice but to 
comply with future additions to policies and that a delegation could 
be pulled.  

Now why would a company spend hundreds of thousands, if not 
millions of dollars knowing that a few people backed by special 
intersests could pull it out from under them.  

ICANN is doing quite well with its goal of ruling the Internet to the 
detriment of all of us unless they can be stopped.

Leah
> 
> The UDRP is the single most glaring flaw with ICANN at the moment.  It
> should be completely suspended until it is reformed.
> 
> -- 
> Best regards,
>  William                            mailto:[email-masked]
> 

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Date: Tue, 27 Feb 2001 17:59:53 -0800
From: Jeff Williams <[email-masked]>
Subject: Re: [ga] GA Chair

WXW and all remaining assembly members,

  I object strongly to William X Walsh's personal attack on this person
on this list.  Simply because Eric was nominated, and seconded, does
not justify such an attack.  I hope that the current Chair will take the
appropriate action with all due haste....

William X. Walsh wrote:

> Hello Joanna,
>
> Monday, February 26, 2001, 10:05:25 PM, Joanna Lane wrote:
> >> I nominate Eric Dierker for GA Chair, and I hope
> >> that someone will second this nomination ASAP.
>
> > Seconded.
>
> You have to be kidding.
>
> The manner this person has displayed on this list is entirely
> inappropriate for any candidate for chair and should prevent them from
> even being under consideration.
>
> --
> Best regards,
>  William                            mailto:[email-masked]
>
> --
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> Send mail to [email-masked] to unsubscribe
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Regards,

- --
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [email-masked]
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

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Date: Tue, 27 Feb 2001 19:14:14 -0500
From: "Cade,Marilyn S - LGA" <[email-masked]>
Subject: RE: Re[2]: [ga] GA Chair

If you are not in support of a particular nomination, you are free to make a
different nomination, William.  

- -----Original Message-----
From: William X. Walsh [mailto:[email-masked]]
Sent: Tuesday, February 27, 2001 4:07 PM
To: [email-masked]
Cc: [email-masked]
Subject: Re[2]: [ga] GA Chair

Hello Joanna,

Monday, February 26, 2001, 10:05:25 PM, Joanna Lane wrote:
>> I nominate Eric Dierker for GA Chair, and I hope
>> that someone will second this nomination ASAP.

> Seconded.

You have to be kidding.

The manner this person has displayed on this list is entirely
inappropriate for any candidate for chair and should prevent them from
even being under consideration.

- -- 
Best regards,
 William                            mailto:[email-masked]

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Date: Tue, 27 Feb 2001 19:31:26 -0800
From: Jeff Williams <[email-masked]>
Subject: Re: [ga] New TLD Agreements

WXW and all remaining assembly members,

William X. Walsh wrote:

> Hello JandL,
>
> Tuesday, February 27, 2001, 1:59:03 PM, JandL wrote:
>
> > Note Appendix V.  Registries must comply with UDRP.  Choice just
> > went completely out the window and WIPO wins.
>
> Yes, but this was expected, wasn't it?

  In that there is no specific reference or language in the UDRP
that I am aware of with respect to "Registries", I fail to see
how WIPO "Wins" anything....

>
>
> The UDRP is the single most glaring flaw with ICANN at the moment.  It
> should be completely suspended until it is reformed.

  Well it is one of many, anyway....

>
>
> --
> Best regards,
>  William                            mailto:[email-masked]
>
> --
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Regards,

- --
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [email-masked]
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

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Date: Tue, 27 Feb 2001 18:13:55 -0800
From: "William X. Walsh" <[email-masked]>
Subject: Re[4]: [ga] GA Chair

Hello Marilyn,

Tuesday, February 27, 2001, 4:14:14 PM, Cade,Marilyn S - LGA wrote:

> If you are not in support of a particular nomination, you are free to make a
> different nomination, William.  

As I am free to point out why a particular nominee is not an
appropriate choice and why.  Then the other members can make their own
decision.

And that is what I have done.  I can understand why Sotir nominated
him, but I have a harder time understand why Joanna would second him,
based on his track record here.

- -- 
Best regards,
 William                            mailto:[email-masked]

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Date: Wed, 28 Feb 2001 00:54:14 -0000
From: "Erica Roberts" <[email-masked]>
Subject: Re: [ga] GA Chair

Hi Harald,
This was discussed at the NC meeting yesterday and the DNSO Secretaria
(Elizabeth) will progress this in the next day or two.

erica
- ----- Original Message -----
From: "Harald Alvestrand" <[email-masked]>
To: "Erica Roberts" <[email-masked]>; <[email-masked]>
Sent: Monday, February 26, 2001 3:10 PM
Subject: Re: [ga] GA Chair

> At 01:19 26/02/2001 +0000, Erica Roberts wrote:
> >I am concerned about the apparent lack of progress in the election of a
GA
> >nominee to the position of GA Chair.  Given that the next ICANN meeting
is
> >less than two weeks away, I think we need to get on to this issue
quickly.
>
> I think we have concluded that the process cannot finished before the
> Melbourne meeting. However, we should be able to get the nominations part
> of the process (for which we do not need any new rules - we can use the
> rules from last round) started as soon as the secretariat is able to do
the
> necessary practical details.
>
> >
> >Regards,
> >erica
> >
> >
>
> --
> Harald Tveit Alvestrand, [email-masked]
> +47 41 44 29 94
> Personal email: [email-masked]
>
> --
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Date: Wed, 28 Feb 2001 16:03:23 +1300
From: Joop Teernstra <[email-masked]>
Subject: Re[2]: [ga] New TLD Agreements

At 15:06 27/02/01 -0800, William X. Walsh wrote:

>
>The UDRP is the single most glaring flaw with ICANN at the moment.  It
>should be completely suspended until it is reformed.
>

Milton Mueller, Kathy Klein  and Michael Froomkin have made concrete
suggestions for reform.
Those who keep on hammering the URDP without working on good solutions help
perpetuating the unnecessary divisive fight between TM owners and DN
owners, enabling ICANN to "divide and rule" its DNSO constituencies.

IMHO, the URDP is the single biggest Red Herring that ICANN has yet spawned.

The underlying real Flaw that needs to be addressed is the DN lock-in
effect and the resulting potential for abuse of registry powers.
The original NSI policy on Name transfer (30-day letter) was a typical
example of such abuse, leading directly to the UDRP.

- --Joop--
Former bootstrap of the CA/idno
       The Polling Booth 
www.democracy.org.nz/vote1/

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Date: Wed, 28 Feb 2001 12:06:48 +0800
From: "McMeikan, Andrew" <[email-masked]>
Subject: [ga] auDA comments close on the 16th of March

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I do not recall seeing any comment on this list in regards to the new domain
policies under development for the .au domain.

Rather than shoot off a personal comment on what I see as some fairly big
flaws, could all Australians please have a look at
http://www.auda.org.au/panel/name/submissions.html and
http://www.auda.org.au/panel/name/papers/publicreport2.html also some
thoughts by others welcome and I think there should be a common approach to
comments made to the panel.

I particularly dislike the use of the word "licences", this seems to be
heading into a government revenue spinner if not careful.

From second report recommendations
"3.1.2 All domain name licences should be subject to a renewal period, to be
specified by auDA, or by the relevant 2LD administrator subject to
ratification by auDA. The domain name licence holder should be required to
provide evidence of continued eligibility to hold the licence at the time of
renewal."
Other contentious points
"f. The domain name licence applicant must acknowledge at the time of
application that their entitlement to a domain name may be challenged by a
third party with superior legal rights in the words forming the domain name.

[NEW POLICY] 
There was support for the Panel's proposal that the onus to ensure that the
licensing of a domain name does not contravene any third party's rights,
such as trade mark rights, should be left in the hands of the domain name
licence applicant.
The Panel considers that it is not necessary to strengthen the proposal with
a requirement that domain name licence applicants provide a more formal
warranty that the domain name does not infringe trade mark rights. In
non-commercial 2LDs, trade marks are unlikely to confer superior legal
rights, since trade marks by their nature infer a commercial function.
g. The domain name licence applicant must agree to be bound by any Dispute
Resolution Procedure specified by auDA. 
[NEW POLICY] 
In its November 2000 report, the Panel outlined the requirements for a
dispute resolution procedure, modeled on the Internet Corporation for
Assigned Names and Numbers (ICANN) Uniform Dispute Resolution Procedure
(UDRP). The Panel notes that there was overwhelming support for the adoption
of an Australian version of the UDRP at the same time as (or ahead of) any
changes to domain name policy. 
The Panel considers that dispute resolution procedures should apply to all
open 2LDs, and to closed 2LDs on an opt-in basis, with appropriate
modifications if necessary. An Australian UDRP should be devised and
implemented by auDA before or at the same time as any changes to domain name
policy.
This issue is also discussed in section 6.2 of this report."
closed 2LD's are .csiro.au .gov.au and .edu.au, rest are open.

	cya,	Andrew...

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Date: Tue, 27 Feb 2001 20:40:53 -0800
From: Eric Dierker <[email-masked]>
Subject: Re: [ga] GA Chair

I apologize to you Mr. Walsh for any harm I have caused you and this assembly.  I
felt at the time that Mr. Burton & Co. had great momentum in truly accomplishing
something within this list and that by aiding and forcing the monitors' hand in
suspending you your perceived disruption would cease.  If the need were to arise
again I would most certainly sacrifice my right to be heard in favor of silencing
disruption.

The problem now is that with the lack of impetus in both this list and the
wg-review I believe that my time and energy is better served in completely
positive directions. We have a long way to go and a short time to get there,
assuming we can swim to that great land of the .au.

I do however believe that an assault on my qualifications and right to serve as
head of this most important body may be helpful in an evaluation of who should
serve.

Again and for the last time I apologize for any improprieties occasioned by my
over zealousness. But I apologize anew to Joanna for involving her by her kind
intentions.

"William X.
I have a harder time understand why Joanna would second him,

> based on his track record here.

I will post a very positive and helpful post to every post which may be derogative
against me.

Sincerely,

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Date: Tue, 27 Feb 2001 23:39:21 -0500
From: Sotiropoulos <[email-masked]>
Subject: Re: [ga] GA Chair

I completely endorse Jeff Williams' condemnation
of WXW's inappropriate personal attack on Eric
Dierker.  There is no place for such tactics
within the scope of our common purpose and work on
this List.  

Sincerely,

Sotiris Sotiropoulos
	Hermes Network, Inc. 

Jeff Williams wrote:
> 
> WXW and all remaining assembly members,
> 
>   I object strongly to William X Walsh's personal attack on this person
> on this list.  Simply because Eric was nominated, and seconded, does
> not justify such an attack.  I hope that the current Chair will take the
> appropriate action with all due haste....
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Date: Tue, 27 Feb 2001 20:40:38 -0800
From: "William X. Walsh" <[email-masked]>
Subject: Re[2]: [ga] GA Chair

Hello Eric,

Tuesday, February 27, 2001, 8:40:53 PM, Eric Dierker wrote:

> I apologize to you Mr. Walsh for any harm I have caused you and this assembly.  I
> felt at the time that Mr. Burton & Co. had great momentum in truly accomplishing
> something within this list and that by aiding and forcing the monitors' hand in
> suspending you your perceived disruption would cease.  If the need were to arise
> again I would most certainly sacrifice my right to be heard in favor of silencing
> disruption.

Your statement above is all the grounds needed to show that my
original post on this subject was correct.

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 William                            mailto:[email-masked]

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End of GA-DIGEST V1 #253
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