[governance] Fwd: [] CALL FOR STATEMENTS OF INTEREST: ALAC-selected

[Karl Auerbach]

On 07/23/2010 03:05 AM, Cheryl Langdon-Orr wrote:
> Karl we have specifically discussed this and taken the advice of ICANN
> Legal Council and the SIC  so we (At-Large) are proceeding in a manner
> that will allow us to meet our planned time table and the
> recent resolution of the Board... so again as happens from time to time
> this is one of those points where we will just have to "agree to
> Disagree" with each other...

I am afraid that it rises to more than "just disagree".  Particularly 
since this system seems directly contrary to what we wrote in our ICANN 
board level recommendation about directors to be chosen by the community 
of internet users.

Neither ICANN counsel nor any committee of the board has the authority 
to authorize ultra vires actions of the corporation.

Perhaps ICANN ought to be taking accepting applications for new TLDs 
servers before the board of directors acts on it?

Or perhaps Verisign or PIR ought to increase its registry fee in 
anticipation of a future action by the board?

If what you say is true it is apparent that the entire concept of 
"public input" within ICANN is, giving it the most gentle 
interpretation, an intentional misrepresentation that the views of 
internet users matter.  It is easily construed as "the public be damned 
we are going to do what we want anyway."

I would go further as to suggest that during the period in which there 
is no actual formally adopted mechanism in the articles or bylaws should 
a particular person apply and then be subsequently elevated to a board 
seat that there would be grounds to question the propriety of that seating.

		--karl--




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