[governance] Innovation

[Michael Froomkin - U.Miami School of Law]

That's odd you should say that, since I would have said that the ALAC was 
a failure, and internet users had almost unanimously shunned it.

Now, perhaps that makes me a very horrible and uncivil person, a dirty 
hippie name-caller, and a person generally deserving of censure and abuse 
rather than, say, some shred of counter-evidence.

Or, it could be a considered opinion, based on years of involvement with 
ICANN, including service for the ALAC itself.

Yours,
A. Michael Froomkin
Professor of Law

On Mon, 26 Nov 2007, Karl Auerbach wrote:

> Kieren McCarthy wrote:
>
>> It is impossible for me to reply to this post without taking issue with 
>> huge
>> chunks of what's in it. 
>> Just as a quick example. These two sentences, stated as facts: "The ALAC's
>> failure is obvious. Internet users have shunned it in droves."
>> 
>> This simply isn't true. But what's more problematic is that it has very
>> little to do with the issue of voting. 
>
> You were a writer, a good one, I've seen you confront bad ideas.
>
> I claim (and firmly believe) that the ALAC is a failure.  Disprove me. Show 
> how masses of people are running to it and that its processes actually form a 
> force that can hold ICANN accountable for its actions. Show how it is a 
> better vehicle for the formation of ideas and a seed for the formation of 
> consensus than any group of people who might happen to gather in a non-ALAC, 
> such as this one.
>
> I claim (and firmly believe) that people are shunning the ALAC in droves. 
> Disprove me.  Show how, even after years of existence, ICANN staff support, 
> and hundreds of thousands of dollars of life support that, the number of 
> people who are actually involved in the ALAC would fill more than the 
> smallest of small rooms - as compared to the nearly 200,000 people who tried 
> to sign up for ICANN's year 2000 elections.
>
> You claim that the ALAC has "little to do with voting".  If so, then how does 
> one answer the fact that ICANN created the ALAC explicitly as a means to end 
> the election of directors?
>
> On the other hand, ICANN holds the ALAC out as a reason why members of the 
> internet community should be satisfied and not ask for voting.
>
> Thus, to my mind, the conclusion is quite the opposite, that, in fact, the 
> ALAC has everything to do with voting, or rather, to be more precise, it has 
> everything to do with non-voting.
>
> 		--karl--
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A. Michael Froomkin   |    Professor of Law    |   froomkin at 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
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