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Re: Selecting the IETF Candidates ...

Make and all,

Mike Roberts wrote:

> In the interests of clarification of Karl's post, see comments
> below:
> > Given the general duty of ICANN Board members (see Karl Auerbach's
> > note of 25 Apr 1999, Re: suggested change to PSO draft)
> It remains true that board members have a fiduciary (incredibly high and
> strong) obligation to protect ICANN above all other things.  (Concern for
> the Internet comes only indirectly insofar as it might happen to align, or
> not, with the interests of the corporation called ICANN at any particular
> moment.)
> Based on that, ICANN's legal counsel has since indicated that ICANN feels
> that there are no limitations on the powers of the ICANN board to reach in
> to and modify the activities, policies, or work product of any Supporting
> Organization, including the PSO.
> The language to the contrary in the ICANN by-laws is apparently simply
> meaningless window dressing.
>                 --karl--
> --------
> The Board members of a non-profit corporation have a duty to promote
> the purposes of the corporation and may be held liable under certain
> circumstances for failing to do so.

  Agreed strongly.  However this does not seem to be a direct conflict
with karls comments (See above).   In addition I must add that thus
fare we have on the public record, from yourself, Joe Sims, and
Esther Dyson statements, actions, and indications that you indeed have
proceeded in a manner that will hold the ICANN and liable, in that you
and the ICANN (Initial?) Interim board HAVE acted in direct violation of
the ICANN bylaws, the MoU and the White Paper...

> The relevant purpose sections of the ICANN Articles of Incorporation
> are noted below.  They are derived directly from the U.S. Government's
> White Paper policy statement on privatization of certain Internet
> technical management functions, and they are limited and discreet.
> They are also heavily aligned with the interests of the Internet,
> as specifically noted.
> ICANN's counsel has neither said nor suggested that ICANN Directors,
> individually or collectively, would take any actions not consistent
> with these articles of incorporation.

  Again, we have "ON RECORD" several statements from Joe Sims
specifically that you or contention here is inaccurate.

> With specific respect to the PSO Memorandum of Understanding, it is
> a document having legal force which binds the parties which have
> signed it.  The document was discussed very extensively through
> multiple drafts by POISED and the final version was approved
> by the standard chair's determination of rough consensus in Oslo.

  "Rough Consensus" doesn't cut it Mike, and you know it doesn't.
If that Consensus is not measurable it is not legally binding and therefore
is invalid.  Besides how many folks that are long standing members of
the IETF that did not attend at Oslo, get a opportunity to VOTE on this
issue?  My guess is none...

> Any material deviation from the obligations undertaken by the
> parties to the PSO MOU would be cause for termination of the
> agreement.

  The problem is that the "PSO MOU" is not valid..

> I believe that these "writings down" of generally held views are
> more than adequate protection for reasonable people attempting to
> accomplish reasonable objectives in support of the Internet.

  Agreed.  But very few reasonable were consulted or can even be
accurately documented as to their opinion or position...

> - Mike Roberts
>   Interim CEO, ICANN
> ----------
> "The Corporation shall, except as limited by Article 5 hereof, pursue the
> charitable and public purposes of lessening the burdens of government
> and promoting the global public interest in the operational stability of
> the Internet by (i) coordinating the assignment of Internet technical
> parameters as needed to maintain universal connectivity on the Internet;
> (ii) performing and overseeing functions related to the coordination of the
> Internet Protocol ("IP") address space; (iii) performing and overseeing
> functions related to the coordination of the Internet domain name system
> ("DNS"), including the development of policies for determining the
> circumstances under which new top-level domains are added to the DNS root
> system; (iv) overseeing operation of the authoritative Internet DNS root
> server system; and (v) engaging in any other related lawful activity in
> furtherance of items (i) through (iv).
> The Corporation shall operate for the benefit of the Internet community as
> a whole, carrying out its activities in conformity with relevant principles
> of international law and applicable international conventions and local law
> and, to the extent appropriate and consistent with these Articles and its
> Bylaws, through open and transparent processes that enable competition and
> open entry in Internet-related markets. To this effect, the Corporation
> shall cooperate as appropriate with relevant international organizations."


Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208