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Re: [gnso-vi-feb10] Group on documenting "harms"

  • To: Jeff Eckhaus <eckhaus@xxxxxxxxxxxxxxx>
  • Subject: Re: [gnso-vi-feb10] Group on documenting "harms"
  • From: Eric Brunner-Williams <ebw@xxxxxxxxxxxxxxxxxxxx>
  • Date: Mon, 26 Jul 2010 15:06:51 -0400


I repeat what I wrote in reply to the harms discussion earlier.

A single, unilaterally amendable contract and complete structural separation are the tools Staff and the Board selected to address harms.

Do they have a duty to use the tools others prefer?

Mileage varies.

Are their choices of tools ineffective?

Again, mileage varies.

Is their choice of tools unnecessary because they did not enumerate specific harms?

That too seems to be a matter of opinion.

A "harms" group that rejects ab initio the choice, utility or necessity of either or both of these tools can't be any more useful than the "economists" who offered data invariant conclusions.

I'm not a fan of the single contract, and especially not the single unilaterally amendable contract, or the Zero or Two Percent solutions. I sincerely hope that the "harms" sub-group will not ignore the numerous representations by Staff that one, or both, of these tools credibly address credible probabilities of actual harm.

Eric



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