Re: [ga] Santiago DNSO GA Chair - Covering for ICANN?

["Brian C. Hollingsworth" <bholling@ix.netcom.com>]

Mr. Sola and Everyone,

  I readily realize that you are a strong supporter of the current ICANN
Interim Board (Legitimate?).  This none the less, is not a good reason
for you or anyone to attempt to switch the responsibility for this
current
ICANN Interim Board violation of it's own bylaws in this instance.

Javier wrote:

> Michael,
>
> I thought that you were a little more constructive... but here is the
> answer anyway.
>
> Please read the Berlin resolution regarding this fact. It says that NSI
> would have only one representative in the Names Council, and that if it
> tried to force te presence of three, ICANN would be forced to change the
> Bylaws, which it is in the process of doing now.
>
> The provisional NC is a committee of ICANN and -as such- follows the
> resolutions of the ICANN Board and its interpretation of the bylaws.
>
> NSi was told in the first meeting of the Names Council (june 12th) that
> they could only have one representative, and that if they had a problem
> with that, they should talk to the ICANN Board, not to us. Now ICANN has
> decided that they can have three until the bylaws are changed, which will
> happen soon.
>
> The minutes of that meeting are published in the DNSO website.
>
> Any other violations of the bylaws you can think of? As our mailing list is
> public and so are our meetings, they should be easy to spot.
>
> Next time please consult the archives.
>
> Javier
>
> At 12:11 6/08/99 +0200, Michael Froomkin wrote:
> >In light of the comment quoted below, I would be grateful if you could
> >lay to rest once and for all an allegation I have seen often repeated:
> >It is alleged that the pNC refused to allow certain duly selected
> >representatives of the gTLD constituency to attend a telephone meeting
> >held a few weeks ago.
> >
> >Is this factually inaccurate?
> >Were the people not actual delegates?
> >Or, was the refusal to allow their participation not a violation of the
> >bylaws?
> >
> >Javier SOLA wrote:
> >[....]
> >
> >>
> >> You know quite well that the pNC has at no point violated the bylaws.
> >>
> >[....]
> >
> >
> >--
> >A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
> >U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> >+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
> >                -->   It's hot there.   I'm elsewhere.   <--
> >

Respectfully,

--
Brian C. Hollingsworth
Sr. Legal Advisor, International House of Justice Internet
Communications  Affairs and Policy
Advisory council for Public Affairs and Internet Policy, European
Union