[governance] Legitmacy of governing "regulations". (changed)

[Eric Dierker]

Jefsey,
 
Civil disobedience is not new nor is it morally corrupt. Roland's only requirement while acting in violation of generally accepted provisions of regulations is to willingly accept punishment for his actions. To my knowledge there is no legitmacy to the regs. you cite.  Because there is no generally accepted body politic to adopt them. In the end this illigitmacy is proven by the fact of the absence of policing or enforcement.  Certainly no one can argue that a "legitimate" regulation cannot be enforced. Therefor if the regulation cannot be enforced it is not legitimate.

--- On Sat, 6/27/09, Jeffrey A. Williams <jwkckid1 at ix.netcom.com> wrote:


From: Jeffrey A. Williams <jwkckid1 at ix.netcom.com>
Subject: Re: [governance] ICANN might name former DHS cybersecurity bossitspresident?
To: governance at lists.cpsr.org, "Roland Perry" <roland at internetpolicyagency.com>, "Eric Dierker" <cogitoergosum at sbcglobal.net>, "icann board" <icann-board at icann.org>, "icann legal" <jeffrey at icann.org>, "Peter Dambier" <peter at peter-dambier.de>, "DHS info" <info at us-cert.gov>, "DHS cert" <cert at cert.org>, "ICANN SSAC Dave Piscitello" <dave.piscitello at icann.org>, "DOC/NTIA ICANN Rep" <aheineman at ntia.doc.gov>
Cc: "ICANN Dan Halloran" <halloran at icann.org>, "ICANN SSAC Dave Piscitello" <dave.piscitello at icann.org>, "matthias.langenegger at icann.org" <matthias.langenegger at icann.org>, "FTC OIG's office" <OIG at ftc.gov>
Date: Saturday, June 27, 2009, 11:05 AM


Roeland and all,

  The problem with your statement below is that far too often, the
regs in place are superseded by new regs that are usually, but not
always worse then the original regs, and declared by some entity
or group of folks claiming that they are the "Right Regs".

  I also see that your Domain Names DNS doesn't exactly follow
the IETF "Regs", see:
http://www.dnsstuff.com/dnslite/?r=toolspage&domain=internetpolicyagency.com
and
http://www.dnsstuff.com/tools/dnsreport?domain=internetpolicyagency.com&token=1220f237cecd71a204d41192389c701a

So which is it?  Do the RFC "Regs" of which you DNS config. violates
not apply to you? ( in one case only can I see this as being applicable ) or
are these RFC "Regs" wrong and so therefore you can feel justified in
violating them as a result?

  Regs if done properly and vetted fully, openly and transparently,
should apply to everyone, not just some as long as those regs
are within their area of endeavor of course.  But it is good to know
that you don't ascribe to such as didn't and doesn't ICANN, which
remains one of several of it's main failings to this day.

Roland Perry wrote:

> In message <159471.65531.qm at web83915.mail.sp1.yahoo.com>, at 15:40:41 on
> Fri, 26 Jun 2009, Eric Dierker <cogitoergosum at sbcglobal.net> writes
>
> >So it is safe to say that in your work helping others to navigate around
> >the regulations caused maze of doing business your prefer the straight
> >forward technique of total compliance with the regs rather avoidance?
>
> I don't usually help people "work around" the regs. My primary aim is
> to make sure the regs which are put in place are the right ones; and
> once in place that they are used as effectively as possible to hinder
> the bad guys.  But I do spend quite some time telling people why certain
> regulations don't apply[1] to them, were never intended to apply to
> them; which isn't quite the same as avoiding the regs.
>
> [1] Often manifested by authorities claiming powers they don't actually
> have, or ignoring safeguards that should have inhibited them.
> --
> Roland Perry
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Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln
"YES WE CAN!"  Barack ( Berry ) Obama

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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