Re: Draft 3 or Genesis of new IANA or who is god?

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

Kent and all,

Kent Crispin wrote:

> On Tue, Aug 25, 1998 at 01:38:47AM -0400, Gordon Cook wrote:
> >
> > In draft 3 of the IANA by laws Jon Postel has crafted a structure with a
> > strong potential for viability.  He asks for our endorsement of the
> > structure.  Unfortunately we cannot buy the house that Jon has built
> > without knowing who will be running it.
>
> Jon has consistently stated that the initial board will have to be a
> "consensus" board.

  Yes he has yet the third iteration and the lack of articles of incorporationto
determine how that consensus is to be reached are not available.  This fact
tends to leave allot up to the imagination and is not in keeping with the
White Papers requirement for a "Bottom-UP" stakeholder determined
structure.  In other words there must be a VOTING mechanism to accurately
determine weather a consensus is truly there or not.

>
>
> > **There is nothing there to indidcate how the nine at large board members
> > are to be chosen.**  Yet presumably it is they who will confer legitimacy
> > on the names organization. And allow three members from that organization
> > to join the board.  I find it amazing that we are supposed to endorse the
> > structure before we have any notion of how those who run it will be
> > selected.
>
> Why don't you suggest some people.  Remember that they have to be
> acceptable to all.  So don't suggest someone like, say, me.

  First of all several people have already been suggested some time back nowon
the IFWP list.  ANd second, and possibly MORE important, we certainly
DO NOT want YOU as a member of the board or any of the councils.

>
>
> > Jon talks about the open process he has run.  It is a process where
> > information is collected and taken into a smaller circle of advisors who
> > meet and discuss options and then make their Pronouncements informing the
> > rest of us what will happen.  Personally I don't find that process open.  I
> > am amazed that Jon would ask for endorsement of the structure without a
> > word about where the initial board members will come from.  Of course we
> > may find that in the plenary later this week Jon will announce the board
> > members.  Boom!  fait accompli.  There is the new corporation and its
> > directors who will be pleased to review the application of the WORLD WIDE
> > ALLIANCE OF TLD REGISTRIES to become the names organization since it has
> > had a running 30 day head start. Boom.  here are the names organizations
> > three IANA board members: Fay Howard (CENTR) Prof.Kilnam Chon (Korea)
> > Bernard Turcotte (Canada)
>
> Blah blah blah FUD FUD FUD.
>
> > In general the process as executed by Jon is upside down.  We have by laws
> > but no articles of incorporation.  Under normal US law we must have the
> > articles first and the by-laws second.
>
> The Bylaws, Articles, a message from Jon, and a FAQ were all posted
> on the IANA web site today.

  THat FAQ, does not constitute articles of incorporation Kent.  FUD, FUD, FUD.

>
>
> > Jon needs to answer  some questions.  1.  where are the articles?  2. who
> > will file the articles of incorporation?  In most states it takes 3 people.
> > Those 3 can become the incorporating board with the power to chose the
> > other board members.   By what legal method is the first board to be
> > constituted?  If it is there (draft 3) I sure as hell missed it.  Article
> > VI says the initial board shall be the nine at large members and says
> > nothing about how they are to be choosen.  To be legal you have to have
> > incorporators with real names and identities.
>
> The Incorporators are named in the articles:  C T Corporation System.
>
> > The genesis is vague.  Will Jon personally select the board members?  Who
> > are to be the incorporators?
>
> You know, if you cut out the repetition you could probably get this
> down to one paragraph?
>
> >  That is what Jon needs to be telling us now.
> > The **articles** of incorporation must name the incorporating board.
> >
> > What is the mechanism for selecting the original nine board members?
> > How does one become a board memebr?  Must be spelled out in the articles.
> > Jon really ought to have enough respect for us to tell us now.  Asking for
> > endorsement of the by laws at this stage is putting the cart before the
> > horse.
> >
> > A self perpetuating board?
> >
> > It turns out that the initial board is to be self perpetuating.  Section 4
> > subsection d reads:  (d) Nine (9) At Large Directors,
> >                       selected pursuant to a process to be
> >                       established by a majority vote of all
> >                       the At Large Board members of the
> >                       Initial Board;
>
> No board member may serve more than two consecutive terms.

  Problem with this is as we have pointed out is the the length of terms isFAR
too long.

>
>
> > It is a pretty safe bet that jon's allegedly open process has choosen the 9
> > at large board  members already.
>
> Well, it is a pretty safe bet that a lot of thought has gone into who
> might be on the initial board.  But if you could just get off your
> rant for a bit -- when you think about it, choice of the initial board
> is a truly difficult problem -- there really isn't any way to elect
> them, you know.

  Nonsense Kent.  We and others have already outlined several methods toput up a
VOTING application to elect board and council members.  This statement
is just patently FALSE.

> Furthermore, you know damn well that Magaziner will
> want to validate the board.  And the board will have to be acceptable
> to certain major stakeholders.

  All stakeholders are equal.  If they are not than we do not have a fair, open,
andtransparent process.

>
>
> Not only that - the interim board will have a really hard job, and
> they won't get paid for it.

  Well they should get paid and very well I might add.

>
>
> There really aren't many people in a position to do this...

  If they are not paid, than this is true.  I can think of a few that could.I
could for instance, Bill Gates could, Larry could from Oracle, Ross Peroet
could, Paul Allen could, ect...

>
>
> > i will wager that they have one or more
> > of three qualifications.  ISOC membership.  IETF membership. Or Reasearch
> > and education membership.
>
> Some will, of course.
>
> > Left out existing commercial registry (NSI), domain name rights coalition,
> > open orsc,
> > trade mark interests, the assoc for interactive media, cix, and
> > isp/c. Leaving such folk out is unconscionable in view of the fact that the
> > nine at large members are choosen to represent the commercial, non
> > technical, interests above....
>
> The Interim Board members are in a special class: 1) they take over
> direction of the current functions of IANA, so need to have technical
> representation; 2) they will be involved in the NSI contract
> negotiations, and by the conflict of interest rules any NSI
> representative would have to recuse him/herself; 3) *all* directors
> are supposed to act as fiduciaries, and not as representatives of
> their respective nominating organizations.
>
> --
> Kent Crispin, PAB Chair                 "No reason to get excited",
> kent@songbird.com                       the thief he kindly spoke...
> PGP fingerprint:   B1 8B 72 ED 55 21 5E 44  61 F4 58 0F 72 10 65 55
> http://songbird.com/kent/pgp_key.html
> -
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 Regards,

--
Jeffrey A. Williams
DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com