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[Fwd: Letter to L.Touton]

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Don and all,

  I also would like to add that I appreciate Kathy's effort and concern.
She is quite correct.  However I would also add that she really
did not go quite far enough in her wording as I found it a bit
"Wimpish" or not strong enough.

  I believe that Joe's integrity is certainly in question as do almost
all of our [INEGroup's] members.  We have on more than one occasion
found his postings both offensive and more importantly of an overly
controlling nature that is contrary to the the precepts of the White Paper
and the MoU, not to mention the iCANN's own bylaws.  As such
we find his integrity in some question.  His testimony to congress
not too long ago highlighted this point very clearly we believe and
should lead to further investigation by the DOJ as well as the House
Commerce Committee.  We hope these departments will follow
up in this regard.

Don Heath wrote:

> At 02:43 PM 11/18/99 -0500, KathrynKL@aol.com wrote:
> >I have sent the following letter to Louis Touton and wanted to share it with
> >you.
> Thanks Kathy
> I have great respect for Joe Sims, his integrity, and all
> that he has contributed in the establishment of ICANN.
> I also can say that your letter is quite correct and I
> appreciate your diligence.
> Thank you,
> Don
> >Kathy Kleiman
> >-------------------------
> >   Mr. Louis Touton
> >   General Counsel and Vice President of ICANN
> >   November 18, 1999
> >
> >   Dear Mr. Touton:
> >   As you know, parties involved with ICANN are in the process of
> >   debating the role and powers of the General Assembly.  This is an
> >   important debate for all DNSO participants, but particularly
> >   for the individuals and small businesses who feel largely
> >   disenfranchised by the constituency process.  The debate we have
> >   and the decisions we make will strongly shape the long-term
> >   participation of smaller parties in the GA, the DNSO and ICANN.
> >
> >   Much to my surprise, Joe Sims has been an active participant and
> >   advocate in the Names Council debate on the General Assembly
> >   issue.  In the past, Mr. Sims has played the more neutral role of
> >   counsel to the Names Council, answering legal questions that we
> >   raise regarding bylaws, procedures and deadlines.  On this issue, he
> >   has turned into an active advocate regularly publishing messages to
> >   the Names Council that outline his concerns about the directions of
> >   the General Assembly and providing a roadmap for the Names
> >   Council to take more control from the General Assembly.  I find
> >   this advocacy role troubling.
> >
> >   As you know, Mr. Sims is a senior partner of the law firm of Jones
> >   Day, one of the largest law firms in the world. This law firm
> >   represents many of the most prominent corporations in the country,
> >   and boasts on its website that it "acts as principle outside counsel
> >   to, or provides significant legal representation for, more than half
> >   of the Fortune 500 companies...."  This background naturally gives
> >   rise to question of whether there are inherent conflicts between the
> >   companies he/his firm represents and the large company vs. small
> >   player disputes that are being played out in this names Council
> >   debate.
> >
> >   While I recognize and value the contribution of Joe Sims to
> >   ICANN, to the extent there are real or perceived conflicts, I believe
> >   it is inappropriate that he play a continuing role in the
> >   debates over the General Assembly.  Moreover, I question whether
> >   it is appropriate for ICANN's outside counsel to be a participant
> >   in substantive debates.   I bring this matter to your attention and
> >   ask you to take the actions necessary to create a more
> >   balanced and fair debate.  Thank you for your review.
> >
> >   Sincerely,
> >   /s/ Kathryn Kleiman
> >   Representative to the Names Council from the
> >   Noncommercial Domain Name Holders Constituency
> >
> >---
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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

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