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ICANN = Under US Control, until legacy problem(s) solved.

  • To: comments-cwg-naming-transition-01dec14@xxxxxxxxx
  • Subject: ICANN = Under US Control, until legacy problem(s) solved.
  • From: Graham Schreiber <graham_schreiber@xxxxxxxxxxxxxx>
  • Date: Tue, 2 Dec 2014 13:44:25 -0500

Hi CWG:          Bcc Penny Pritzker & Robert Flaim. 


While the NTIA is under an impending  United States Supreme Court, Rule 20  
filing, questioning their negligent conduct, as being "causation" of harms to 
Enterprise; and the clients of Enterprise being "The Consumer" the United 
States Government should follow this linked contract   >>  
http://www.ntia.doc.gov/files/ntia/publications/sf_26_pg_1-2-final_award_and_sacs.pdf
 <<   exercising both Option's  2 & 3.

The NTIA are contractually subject's to the Commercial Regulations published by 
the Federal Trade Commission; and also the Antitrust Laws of the United States, 
as confirmed in Docket Number: 980212036-8146-02 as / linking to the FTC:

Statutes Enforced or Administered by the Commission

The Commission has enforcement or administrative responsibilities under more 
than 70 laws. They are grouped here in three categories: 
(a) Statutes relating to both the competition and consumer protection missions; 
(b) statutes relating principally to the competition mission; and 
(c) statutes relating principally to the consumer protection mission.

The Federal Trade Commission Act is the primary statute of the Commission. 
Under this Act, the Commission is empowered, among other things, to
(a) prevent unfair methods of competition, and unfair or deceptive acts or 
practices in or affecting commerce; 
(b) seek monetary redress and other relief for conduct injurious to consumers; 
(c) prescribe trade regulation rules defining with specificity acts or 
practices that are unfair or deceptive, and establishing requirements designed 
to prevent such acts or practices; 
(d) conduct investigations relating to the organization, business, practices, 
and management of entities engaged in commerce; and 
(e) make reports and legislative recommendations to Congress.

Federal Trade Commission Act
Mission: Competition Consumer Protection
Rule/Law: 15 U.S.C. §§ 41-58, as amended
Link: http://www.law.cornell.edu/uscode/text/15/41


By way of UNITED STATES DEPARTMENT OF COMMERCE,  Docket Number: 
980212036-8146-02  for the Management of Internet Names and Addresses by the 
AGENCY: National Telecommunications and Information Administration ACTION: 
Statement of Policy:    Enter's ...   WIPO  and  Dr. Francis Gurry, who also is 
being investigated in the same Lawsuit.

The United Nations Association, a New York States Corporation, with chosen 
Jurisdictional Venue, in the District of Columbia, have a Chartered 
Organization as the World Intellectual Property Organization (WIPO)  have, 
under the "Leadership" of Dr. Francis Gurry,   [ See: 
http://www.ntia.doc.gov/speechtestimony/1998/testimony-j-beckwith-burr ]    let 
a Domain Name Registrant  EVADE US Law's.

The support furnished from Dr. Gurry, has allowed CentralNic an exclusive 
benefit  [ Disparate Treatment ]  to Mediate between their own Clients, the  
"Induced"  "Infringers"  and the genuinely "Diluted" and "Infringed" Domain 
Name Registrants, which beyond being a violation of ICANN's own > NON ENFORCED, 
RAA 3.7.7.9 <  have helped CentralNic to violate 15 U.S. Code § 1125 - False 
designations of origin, false descriptions, and dilution forbidden.

These allowances by ICANN and the NTIA have also resulted in  CentralNic's  
violation of yet another United States Law:  18 U.S. Code § 2320 - Trafficking 
in counterfeit goods or services  and this has been a supported activity of 
both Network Solutions & VeriSign, allowing CentralNic to  "CONTRIBUTE"  it's 
own coded links ... above their retail clients, connecting the "Spurious Marks 
/ False Designation TLDs or ccTLDs"  with the compromised Trademark Name**.


I'm very concerned that ICANN are so engrossed in seeing their Registry & 
registry Operators also known as, Registrar & registrar Operators  [emphasis 
added to Capital "R" and Lowercase "r"]   as the Pre-eminent  "Customer"  being 
a serious detriment to all Domain Name Registrants.  [ See: Part 3:  Customer 
Standing Committee (CSC) – While the exact composition is still to be 
determined, the CSC would primarily be made up of a number of representatives 
of registry operators, including ccTLD and gTLD registries. ]

Because ICANN, NTIA, VeriSign & Network Solutions are also parties to this same 
Lawsuit, for failing to enforce their own aspects of the RAA 3.7.7.9; and other 
Laws, it's my opinion that they've fawned all over them  "The Customer"   
since; and prior to the MoU, when Network Solutions held sway; and must all be 
held accountable.

As such the conduct of ICANN / IANA & NTIA, along with their  "Customers"  must 
be Judicially reviewed; and the RAA Rules related to "R" or "r" registries & 
registrars per the RAA's,  Section 5. MISCELLANEOUS PROVISIONS,  must be 
enforced, as "judged by a court of competent jurisdiction" which for the 
parties, is excessively  the United States Supreme Court, under a Rule 20,  
prior to the United States Government releasing control.


Both ICANN and the NTIA have "KNOWN" of this, as Host & Sponsors of the ".com" 
Instrumentality used to Infringe, therefore, until legacy issues are Lawfully 
resolved, ICANN & IANA must continue to have the "oversight" of the United 
States Government.


Thank you for publicly asking for opinions, it's much appreciated; and I look 
forward to seeing an "accountable" and Law abiding future for ICANN & IANA.


Sincerely,


Graham Schreiber, of "Civil Society".
Pro Se.

Attachment: Rule 20 = Exceptional and Extraordinary Circumstances..pdf
Description: Adobe PDF document



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