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RE: Violation of bylaws

Dear Mr. McLaughlin:

I do not appreciate your response which is simply the typical word games
used by crooked lawyers such as yourself.  Furthermore, you did provide an
explanation but simply avoided the question.

I wish to file a complaint about ICANN's failure to abide by the ICANN
bylaws.  The point of the "independent" review board is to handle such
complaints.  Please provide me instructions on how to pursue this complaint.
Also, please keep the cc list intact as this matter related to the
cooperative agreement between ICANN and DOC and I wish to have your
responses posted on the ICANN site so others can see the type of responses
that are provided to inquiries.

Russ Smith

-----Original Message-----
From: Andrew McLaughlin [mailto:mclaughlin@pobox.com]
Sent: Friday, April 02, 1999 9:09 AM
To: russ@russ-smith.com
Subject: RE: Violation of bylaws

Dear Russ:

The ICANN Bylaws provide for the establishment of an "Advisory Committee on
Independent Review."  The responsibility of that Advisory Committee, which
according to the Bylaws "shall consist of certain Directors selected by the
Board as well as other persons appointed by the Board," is to "advise the
Board on the creation of the independent review process called for in
Section 4 of Article III."   The Board sought expressions of interest to
serve on this Advisory Committee, although that was not required by the
Bylaws, because it wanted to have the broadest possible universe of persons
from which to choose  the membership of the Committee.  It has now chosen
that Committee, and it will give serious consideration to the
recommendations of that Committee, which are (as the name makes clear)
advisory and not binding on the Board.  We appreciate your interest in the
subject, but if for some reason this explanation does not satisfy that
interest, we have no further guidance to offer.

Best regards,


-----Original Message-----
From: russ@russ-smith.com [mailto:russ@russ-smith.com]
Sent: Thursday, April 01, 1999 7:22 PM
To: russ@russ-smith.com; mclaughlin@pobox.com; comments@icann.org
Cc: krose@ntia.doc.gov; bburr@ntia.doc.gov; questions@icann.org
Subject: Violation of bylaws

Dear Mr. McLaughlin:

I wish to file a complaint against you and the ICANN board for failing to
follow the ICANN bylaws in the selection of the independent review committee
as well as all the other ICANN committees.  The bylaws state in part:

"The Corporation and its subordinate entities shall operate to the maximum
extent feasible in an open and transparent manner and consistent with
procedures designed to ensure fairness..."

Furthermore, it is clear that members of the Board of Directors cannot also
be a member of an "independent" review committee.

This is clearly not being done in the development of the committees.
Furthermore, I allege that you and the ICANN board are engaged in fraud,
deception and unfair trade practices as a result of numerous knowingly false
claims about the openness of the ICANN process.  Please provide me with
process to pursue this complaint.


Russ Smith

-----Original Message-----
From: Russ Smith [mailto:russ@russ-smith.com]
Sent: Thursday, April 01, 1999 6:51 PM
To: mclaughlin@pobox.com; comments@icann.org
Cc: Krose@Ntia. Doc. Gov; Becky Burr
Subject: RE: ICANN Appoints Independent Review Advisory Committee

That directly contradicts claims made that these processes were supposed to
be open.  There is clearly no expectation of privacy when applying for such
a public position.  Furthermore, the specific factors, weights, etc. used to
choose the members is not posted at the URL you provided.  It is unclear how
this can be an "independent" review committee when they were chosen by the
board.  I insist you provide me with this information.

Russ Smith

-----Original Message-----
From: Andrew McLaughlin [mailto:mclaughlin@pobox.com]
Sent: Thursday, April 01, 1999 6:44 PM
To: russ@russ-smith.com
Subject: RE: ICANN Appoints Independent Review Advisory Committee

Dear Russ:

Out of respect for the privacy of the people who applied for the committee
but were not chosen, we have not made their names public.  The selection
criteria (geographic diversity and relevant professional experience) are
posted on our website at http://www.icann.org/irac-interest.html and

Best regards,


                         Andrew McLaughlin
                            Senior Adviser
Internet Corporation for Assigned Names and Numbers

-----Original Message-----
From: russ@russ-smith.com [mailto:russ@russ-smith.com]
Sent: Thursday, April 01, 1999 8:11 AM
To: mclaughlin@pobox.com
Subject: RE: ICANN Appoints Independent Review Advisory Committee

Please provide a list of all of those who applied as well as the specific
criteria used to choose the members below as well as the reasons why the
others were rejected.

Russ Smirh

-----Original Message-----
From: owner-icann-announce@ISI.EDU
[mailto:owner-icann-announce@ISI.EDU]On Behalf Of Andrew McLaughlin
Sent: Thursday, April 01, 1999 12:55 AM
To: icann-announce@icann.org
Subject: ICANN Appoints Independent Review Advisory Committee

LOS ANGELES, March 31, 1999 -- The Internet Corporation for Assigned Names
and Numbers (ICANN) announced today that the following individuals have been
appointed to ICANN's Independent Review Advisory Committee:

     - Linda Wilson, Chair (United States)
     - Mads Bryde Anderson (Denmark)
     - Ryozo Hayashi (Japan)
     - Ethan Katsh (United States)
     - Hans Kraaijenbrink (Netherlands)
     - Jorge Plano (Argentina)
     - Peter Dengate Thrush (New Zealand)
     - Jorge Vega (Peru)

Brief biographical information about the Committee members is set forth

Expressions of interest were received from over fifty individuals in
response to ICANN's invitation, which was posted on the ICANN website and
distributed to the relevant mailing lists on March 5.

Those selected meet the goals of geographic diversity and relevant
professional experience.  The board appreciates the willingness of so many
people to participate in this important endeavor, and encourages all to
provide feedback and expertise for the committee when its recommendations
are posted for public comment.

This committee, called for in the ICANN Bylaws, will advise the ICANN Board
on the creation of a structure for independent third party review of
decisions of the ICANN Board of Directors.  The committee's work will begin

ICANN offers sincere thanks to all of the enthusiastic and qualified
individuals who expressed interest in joining the committee.


Andrew McLaughlin


LINDA WILSON, CHAIR (Cambridge, Massachusetts, USA)
     Linda S. Wilson is currently the seventh president of Radcliffe College
at Harvard University. She also serves as an ICANN Director. Previously, was
vice president for research at the University of Michigan. She is a Trustee
of the General Hospital Corporation of the Massachusetts General Hospital.
She is also on the Board of Directors for Citizens Financial Group, Inc.
Ms. Wilson has served on the National Commission on Research and was chair
of its subcommittee on accountability. She was a member of the Director's
Advisory Council of the National Science Foundation for nine years. As a
member of the Council of the Institute of Medicine, she chaired its Finance
Committee, and served on its Committee on Government- Industry Research
Collaboration in Biomedical Research and Education. She is a member of the
Institute of Medicine of the National Academy of Sciences, and a fellow of
the American Association for the Advancement of Science.
     Ms. Wilson received a Bachelor's degree from Sophie Newcomb College,
Tulane University, and a Ph.D. in inorganic chemistry from the University of
Wisconsin. She received an Honorary Doctorate in Humane Letters from Newcomb
College, Tulane University, and an Honorary Doctorate of Letters from the
University of Maryland.

MADS BRYDE ANDERSEN (Copenhagen, Denmark)
     Dr. Mads Bryde Andersen is a professor of private law at the University
of Copenhagen and author or editor of several books and articles on contract
law, intellectual property law and IT law. For a number of years has been
working actively with legislative issues regarding electronic commerce, in
Denmark (where, among other things, he is chairing the Danish Government's
IT Security Council) as well as in the EU, the ICC and the OECD. In the
years 1997-1998 he was the chairman of the UNCITRAL Working Party on
Electronic Commerce.

RYOZO HAYASHI (Tokyo, Japan)
     Ryozo Hayashi is Director-General for Machinery and Information
Industry Policy at the Machinery and Information Industry Bureau of Japan's
Ministry of International Trade and Industry.
Mr. Hayashi received an L.L.B. from Kyoto University in 1970, and an L.L.M.
from Harvard Law School in 1976. In 1991, Mr. Hayashi served as a Fellow and
Visiting Lecturer, Centre for Business and Government of Harvard
University's John F. Kennedy School of Government. In 1994, Mr. Hayashi was
Visiting Lecturer in the Law Department of Kyoto University.

ETHAN KATSH (Amherst, Massachusetts, USA)
     Ethan Katsh is Director of the Center for Information Technology and
Dispute Resolution and a Professor of Legal Studies at the University of
Massachusetts at Amherst. He is author of two books on law and technology,
The Electronic Media and The Transformation of Law (Oxford University Press,
1989) and Law in a Digital World (Oxford University Press, 1995), as well as
articles that have appeared in many law reviews and periodicals. He is a
graduate of the Yale Law School and is co-founder of the Online Ombuds
Office, a project funded by the Hewlett Foundation to explore dispute
resolution in cyberspace.

HANS KRAAIJENBRINK (The Hague, Netherlands)
     Hans Kraaijenbrink is a Member of the Executive Board of ETNO, the
European Telecommunications Network Operators association, located in
Brussels. He is also Manager, European Policy and Regulation with Royal KPN
N.V., the Netherlands where he is responsible for European and international
regulatory strategic affairs. He is a Member of the ICANN Board of
Previously, he worked for the Dutch Ministry of Economic Affairs,
responsible for information technology and the services sectors, and for the
Ministry of Transport, Public Works and Water Management. He was also a
member of the management team of the Telecommunications and Posts
Directorate in the initial phase of the Dutch Telecommunications Regulator.
Mr. Kraaijenbrink graduated from Delft University (1966).

JORGE PLANO (Buenos Aires, Argentina)
     Jorge Plano is adviser of the Camara Argentina de Bases de Datos y
Servicios en Linea (CABASE). He is professor at the Universidad Tecnologica
Nacional, Buenos Aires and member of the board of the Fundacion Ictys. He is
engaged in the study and diffusion of the social impact of the digital and
network technologies and was an organizer of the IFWP-LA&C Buenos Aires
where he acted as scribe in some sessions. He was National Director of
Informatics Policies at the government of Argentina (1989-96). In the 80s he
worked in consultancy on information systems and technological development
in the computer industry. Previously he held managerial positions in data
processing in international companies and the state administration. Mr.
Plano is graduated in Information Systems.

PETER DENGATE THRUSH (Wellington, New Zealand)
     Peter Dengate Thrush is a barrister, in practice in New Zealand,
specialising in intellectual property, IT and competition causes. He has
been counsel to Internet New Zealand, and its operating company Domainz,
since their inception in 1995/6. He is a former member of the New Zealand
volleyball team, and currently a director of Innovus Ltd, a consulting and
software development team. He is an expert on intellectual property rights
of indigenous peoples.

JORGE VEGA (Lima, Peru)
     Jorge Vega is the General Manager partner at the law firm Estudio
Osterling, Arias-Schreiber, Vega, Orbegoso & Asociados.
Born in Lima, Peru in 1944, Mr. Vega was educated at the Catholic University
of Peru and admitted to Peruvian bar in 1969, Peru. Mr. Vega concentrates in
Civil, Banking, Corporate, Litigation, Constitutional Law, International
Contracts, Real Estate and general legal practice.
     Professional experience: Member, Trainee Program Shearman & Sterling
(New York), Banking Legal practice, Citicorp (Main Office) 1969-1970.
Professor, Catholic University of Peru, 1971-, and University of Lima,
1982-. Counsel, Commission Appointed to Reform the Civil Code. Member,
Commission Appointed to Reform the Civil Procedures Code. Former Director,
Lima Bar Association.