ICM Registry POsted My Letter Publicly

["Tom Hymes" <tomhymes@xxxxxxxxxxxx>]

To the ICANN Board,

 

Re: *Annex 10* - http://icann.org/tlds/agreements/xxx/annex10-hymes.pdf,
included as one of the ICM Registry submissions posted to the ICANN website
March 13, 2007. http://www.icann.org/announcements/announcement-13mar07.htm
 
In the minutes of the March 13, 2007 ICANN Board meeting
(http://www.icann.org/minutes/prelim-report-13mar07.htm), it states, "John
[Jeffrey, ICANN counsel] noted that these [submissions], in their redacted
form [have] been posted on the ICANN website. John indicated that ICM has
represented that the identities of people and entities obtained in
pre-registration materials, and webmaster information obtained from their
website form were not cleared for public posting."
 
The minutes also state, "[ICANN Board Chair Vinton Cerf] noted that some of
[the] materials had been made publicly available and some could not be
posted given that names of individuals were involved in some of the
documentation." 
 

I wonder, then, why my letter was made publicly available, with my name,
home address and phone, when no one bothered to clear its use for public
posting. In fact, when ICM principal Jason Hendeles solicited the letter
from me in 2004, he promised me that it would not be made public or used in
the XXX application process. I do not live at that address anymore, but I
think ICANN should consider redacting it anyway, or removing the letter
completely. I also think Stuart Lawley should apologize to my wife, me and
our three-year-old son for posting our home address for all to see,
especially after having expressed so much concern about his own physical
safety from the "militants" who deign to oppose .XXX. I, of course,
guaranteed his safety when he attended my seminar. He should be ashamed, and
ICANN concerned, that he would then turn right around and so spitefully put
mine at presumed risk. But I have learned the hard way that Stuart has no
problem resorting to intimidation tactics, even or especially with people of
good faith, if he feels it will get him what he wants. The posting of this
letter, in my case, was just the culmination. 

 

But even worse is the use ICM is making of the letter, as explained on page
26 of its March 8
<http://www.icann.org/tlds/agreements/xxx/march8-memo-post.pdf>  memo to the
Board, where ICM states that my current opposition to XXX might be more
"strategic than substantive" because of what I wrote, is a strikingly
inaccurate claim considering the fact that I disavowed the contents of the
letter in two conversations with Stuart Lawley, in 2005 and 2006. He must
remember both conversations because it was he who instigated each, the first
time even calling me to specifically discuss my participation on the IFFOR
Board. During each conversation, I could not have been clearer about my
position regarding the letter and IFFOR.  

 

Stuart should also recall my telling him that Jason Hendeles spent three
years trying to get me to write a letter in support of .XXX, to no avail,
finally all but begging me to at least agree to consider being on the IFFOR
Board, even if I still opposed the creation of the TLD! Yes, it was stupid
of me to send that letter, even after Jason promised not to use it in the
application process, and even stupider to use his language, but at the time
I did not think ICANN would provisionally approve the application. Boy, was
I stupid, or what?   

 

Tom Hymes