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[atlarge-discuss] Re: [ga] Karl's latest posting



Karl and all former DNSO GA members or other interested parties,

  Of course Joe Sims frequently errs as we here have seen time and
time again.  Joe Sims has made similar poor judgments regarding myself
if you recall on this forum.  That is unfortunate, but to a degree
understandable.
However it is, or should not be exceptable to the Stakeholders/users.

  Just perhaps, Joe should consider immediate retirement to that ABA
retirement home near Washington D.C.

Karl Auerbach wrote:

> On Sun, 9 Mar 2003, Joe Sims wrote:
>
> > Karl's latest posting contains his usual careless reasoning.
>
> Ah, I remember when Sims called me an "idiot" and claimed that my lawsuit
> against ICANN was without merit.  As it turned out, an impartial judge did
> find ICANN's actions clearly unlawful and that they compared poorly
> against the already ultimately poor standard of Enron.  See
> http://www.eff.org/Infra/DNS_control/ICANN_IANA_IAHC/Auerbach_v_ICANN/
>
> One might hope that Sims would be honorable enough to admit that he erred.
>
> A general matter, I find that I must dismiss Sim's comments as emotional
> outbursts rather than as thoughtful opinions made with due consideration
> of the concerns and interests of his client(s).  I know that Sims is
> capable of intelligent decisions, I have seen him do it ... on occasion.
> But unfortunately, such occasions are becoming increasingly rare.  I have
> received comments from people in the legal community that express
> embarrassment at these outbursts from one who was once a highly respected
> member of the legal community.
>
> One might wonder at the motiviation behind Joe Sims' statements.  How much
> money has he made from ICANN's existance?  How much more money will he
> continue to make, even if he withdraws from ICANN has he claims he will,
> as ICANN continues to pay fees, on the order of a million dollars a year,
> into his law firm?
>
> If ICANN were to lose part of its role to the ITU, then one might expect
> that ICANN wouldn't be paying as much to Sims's firm and thus Sims'
> portion or the receipts would drop accordingly.
>
> And looking at it from the ICANN perspective - Has ICANN received value
> for the money it has spent on Sims?  I have looked at many of ICANN's
> records, and have examined much of Sims' work product.  My own business
> judgement is that ICANN has not received value for its money.
>
> (Lest my brush be too wide, Sim's law firm is cable of very high quality
> work.  I am very impressed with JDRP people like Jeff LeVee.  And some of
> the work from lower level attorneys at the firm has been top notch and has
> exhibited efforts that are to be lauded.  However, as Benjamin Franklin
> said: "The rotten apple spoils the barrel.")
>
> >From Sim's comment it appears that Sims considers that we citizens have no
> power to affect the activities of our government.  There is some truth to
> that - with paid advocates like Sims lurking around behind the scenes and
> wandering in and out of Nancy Victory's office, there is indeed a question
> of whether a mere citizen can have an effect or whether governments of
> today are captured by highly paid lobbyists and lawyers.
>
> And again, lest the brush be too wide.  There are business advocates and
> lawyers who, while attempting to influence, are also broadminded and who
> attempt to find answers to hard questions.  There are people here on this
> e-mail list who represent their companies and clients with honor and with
> whom disagreement is a creative and constructive process in which both
> sides come out with better answers and increased knowledge.
>
> As for Nancy Victory's credentials to represent the United States - The
> United States is a country of delegated powers and administrators, such as
> Nancy Victory, obtain authority only via Congressional legislation or
> delegation of Executive authority.  Neither of these occurs by telepathy.
> Unless an explicit and express chain of delegation can be shown, the claim
> of authority is specious.  I have been asking to see such a chain of
> authority since the late 1990's - and I have not been alone in asking that
> question, see http://personal.law.miami.edu/~froomkin/articles/icann.pdf I
> have yet to see an adequate answer.
>
> And finally, Sims asks whether I have had an ability to influence anyone.
> I believe I have.  Sims, however, appears to be afraid of testing the
> question by the one test that is the hallmark of democratic systems - an
> election.  If ICANN were to hold elections for board seats, it is likely
> that I would win against any existing board member who chose to run
> against me.  And does anyone doubt that I would win against Sims?
>
>                 --karl--
>
> --
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 129k members/stakeholders strong!)
================================================================
CEO/DIR. Internet Network Eng. SR. Eng. Network data security
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 214-244-3801



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