OPPOSED - Response to Ralph Yarro 2009 April 03

["Sanford Duryee" <greatfog@xxxxxxxxxxxx>]

I thank Mr. Yarro for responding [1] to my comments. [2]

In his response, Mr. Yarro does not dispute the irrelevance of the CSC,
according its own mission description, to ICANN's mission.

Mr. Yarro does not address the concern that the CSC might press ICANN
to aid governments and other organizations in their efforts to monitor
dissent and minority positions, identify those whose communications
displease, and to suppress sources of unpleasant information.  Such
practices oppose ICANN core values of "security ... of the Internet,"
"creativity, innovation, and flow of information." [3]

Mr. Yarro does not discuss CSC's stated intention to maintain
"diligence and loyalty to the CSC" [4] in its officers and to dismiss
members who "prevent the execution of tasks and duties required by this
Charter" even if these officers and members are attempting to defend
ICANN core values.

Mr. Yarro does state that ICANN includes many constituencies.  He
assures the reader that the CSC membership "reflect(s) the functional,
geographic, and cultural diversity of the Internet at all levels of
policy development and decision-making."  However, Mr. Yarro adds that
"[t]he EC of the CSC must adhere to its own charter."  That charter
overrides Mr. Yarro's assurances, since it orders the replacement of a
disloyal officer whether or not the individual's dissent supports
ICANN's mission or defends ICANN's core values.

Mr. Yarro compares constituencies to "separate states, each of which
can send a representative to Congress."  He overlooks the difference
between the government of the United States and a California Nonprofit
Public-Benefit Corporation.

Within the scope of government, citizens have a right to
representation.  Citizens have a right to form political and other
organizations.  These organizations may enforce ideological discipline
within their ranks.

However, ICANN is a corporation.  No one has an intrinsic right to
membership.  ICANN and its supporting organizations have a limited
mission.  Within the scope of ICANN, recognition of a constituency
depends upon its "ability of the GNSO to carry out its policy-
development responsibilities." [5]  ICANN need not recognize
constituencies that are irrelevant to its mission.  ICANN should not
recognize constituencies that are destructive of its core values.

Mr. Yarro states that the CSC "will impose no different financial
burden" than any other constituency.  ICANN need not finance
irrelevance to its mission nor destruction of its core values.

Mr. Yarro correctly states that the CSC, seeking recognition as a
constituency of "Non-Commercial Users," cannot admit commercial
organizations as members.  However, ICANN does recognize constituencies
of "Commercial and Business Users." [6]  Mr. Yarro does not state the
reason for CSC's avoidance of recognition as a business user 
constituency.  He does not address the concern that CSC may not support
"market mechanisms to promote and sustain a competitive
environment." [7]

Mr. Yarro states that "there is no chance the CSC will dominate
anything."  Without dominating an institution, some of its members may
impede the institution's mission, act against its core values, and
burden it with an irrelevant drain on its resources.  A prudent
organization will not admit to its membership those whose declared
intention is to carry out such actions.  If concerns exist about
undeclared intentions, then clarification may allay such concerns.

Finally, recognition as a constituency is not needed to bring matters
to ICANN's attention.  ICANN's bylaws provide for a Manager of Public
Participation responsible for "communicating with and receiving input
from the general community of Internet users." [8]


[1] Yarro, Ralph, RESPONDING AND MORE SUPPORT FOR THIS CHARTER,
2009 Apr 03
[http://forum.icann.org/lists/cyber-safety-petition/msg00295.html]

[2] Duryee, Sanford, OPPOSED - The CSC is Irrelevant to ICANN's
Mission and Opposes ICANN's Values
[http://forum.icann.org/lists/cyber-safety-petition/msg00282.html]

[3] BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS,
ARTICLE I: MISSION AND CORE VALUES, Section 2. CORE VALUES, 1. and 2.
[http://www.icann.org/en/general/bylaws.htm#I]

[4] CyberSafety Constituency (CSC) Charter, 2.4.6
[http://forum.icann.org/lists/cyber-safety-petition/msg00296.html]

[5] BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS,
ARTICLE X: GENERIC NAMES SUPPORTING ORGANIZATION, Section 5.
[http://www.icann.org/en/general/bylaws.htm#X]

[6] BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS,
ARTICLE X: GENERIC NAMES SUPPORTING ORGANIZATION, Section 5. 1. e.
[http://www.icann.org/en/general/bylaws.htm#X]

[7] BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS,
ARTICLE I: MISSION AND CORE VALUES, Section 2. 5.
[http://www.icann.org/en/general/bylaws.htm#I]

[8] BYLAWS FOR INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS,
ARTICLE III: TRANSPARENCY, Section 3.
[http://www.icann.org/en/general/bylaws.htm#III]


-- 
Sanford Duryee - 352-637-0232 - greatfog@xxxxxxxxxxxx
11361 S. Florida Ave.
Floral City, FL 34436