Re: [ga] Re: Non-commercial character and conflict of interest

[Jeff Williams <jwkckid1@ix.netcom.com>]

Mark and all,

Mark Perkins wrote:

> I think 1st amendment debates are interesting but
> perhaps not relevant?
  Perhaps, and than again perhaps not...  However whichever is
the
case or determination it is incumbent on the ICANN membership
in general that this decision should sit with, not any one constituency,
in as much as that said membership can and should be able to make
that decision based on basic democratic principals, within the framework
of the White Paper and the MoU...
> A
> non-profit which can define it's membership can also define who may
> speak at
> it's meetings and be published in it lists....IE. not withstanding
> the White
> Paper, it is for NCDNHC / ICANN to decide.
  To a point agreed.  However that point has a very distinct
line in which
the ICANN and the NCDNHC, or any other constituency cannot and should
not cross.  In that the ICANN is a US based organization and registered
as
a non-profit corporation under California law, and thereby subservient
to
US federal mandate, the distinction is plainly evident to the relevantly
knowledgeable...
> Even with the White Paper, there
> is the question of interpretation. Lets decide what we want & then
> see if
> there are legal /  bureaucratic obstacles.
  The interpretation is very narrow, as it adequately spelled out
in the
White Paper itself.  Your suggested approach here would be a gross
error in both judgment and in practice as it would inevitably lead
to
endless law suits that the ICANN can ill afford on several levels.

 

NB. Regarding referring legalistically to US 1st Amendment - I would be very
wary. While I am personally in favour of freedom of speech, I would not want
NCDNHC or ICANN to be seen as limited by US law, given that they are meant
to be International Organisations.....

  Meant to be and are is two entirely different things.  I in
the beginning
recommended to the than "Newco" (Now ICANN) that they should apply
as a International corporation.  The ICANN (Initial?) and Interim
board
decided that this was not necessary.  An unfortunate error in
judgment
on the part of the than NEW "Appointed" ICANN (Initial?) Interim Board.
One of many mistakes, I might add as well...  Hence we have to
deal
with the reality  of the current situation, that being that the
ICANN
IS a US based jurisdictionaly and legally, organization....

 
 

Mark Perkins

Librarian (acting)

Secretariat of the Pacific Community Library

BP D5, 98848 Noumea Cedex

New Caledonia, South Pacific

Tel: 00 687 262000  Fax: 00 687 263818

email: markp@spc.org.nc / web: http://www.spc.org.nc
<http://www.spc.org.nc/>
 
 
 

-----Original Message-----
From: Jeff Williams [mailto:jwkckid1@ix.netcom.com]
Sent: 28 July 1999 05:35
To: Non-Commercial Domain Name Holders Constituency Discussion List
Cc: DNSO GA; ICANN Comments
Subject: Re: [ga] Re: Non-commercial character and conflict of interest

Pisanty and all,

  Our thoughts [INEGroup], are that some specifics would need to be
outlined as to what constituted "undue interference with the discussions"
before such a consideration should be enacted.  Also it should be noted
that free and unfettered speach is an abridgment of the 1st amendment
rights in the US anyway, and in that the DNSO is a part of ICANN and ICANN
is a US non-profit company that right cannot be abridged unconditionally...
In addition, such an idea is an inconsiderate act of not allowing observers
to
speak would be in direct conflict with the White Paper as well as
the MoU between ICANN and the NTIA as well.

Pisanty Baruch Alejandro-FQ wrote:

To all,

for the observer statuts I have no problem.

I would let a proviso stand
from the start, that speaking observers may or may not be allowed, and
that undue interference with the discussions may be a reason for lifting
both speakig and non-speaking observer status. Unreasonable behaviour in
terms of conflict of interest would also lead to this. Some thoughts?

Alejandro Pisanty

  .  .  .  .  .  .  .  .    .  .  .  .    .  .  .    .  .  .  .  .  .  .
     Dr. Alejandro Pisanty,
     Director General de Servicios de Computo Academico
     (Director, Computing Academic Services)
     Universidad Nacional Autonoma de Mexico (UNAM)
     Ciudad Universitaria, 04510 Mexico City DF MEXICO

Tel. (+52-5) 622-8541, 622-8542; Fax 622-8540
  .  .  .  .  .  .  .  .    .  .  .  .    .  .  .    .  .  .  .  .  .  .

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Regards,

--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
 

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--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208