Re: [icann-eu] Does the ICANN legally exist (this is not a joke)?

[Jeff Williams <jwkckid1@ix.netcom.com>]

Peter and all,

  We [INEGroup] are in agreement with you completely...
I believe my response clearly indicates this.

Peter de Blanc wrote:

> Just to set the record straight, I am not in favor of "handing over ICANN to
> the ccTLDs
>  and gTLDs"
>
> I am in favor of equal representation by various "stakeholders" as the
> original ICANN plan and philosophy.
>
> Peter de Blanc
>
> -----Original Message-----
> From: Jeff Williams [mailto:jwkckid1@ix.netcom.com]
> Sent: Thursday, December 07, 2000 6:01 PM
> To: icann-europe@fitug.de
> Cc: vinton g. cerf - ISOC; icann board address; Karen Rose; Louis
> Touton; Peter de Blanc
> Subject: Re: [icann-eu] Does the ICANN legally exist (this is not a
> joke)?
>
> Alexander and Jefsey,
>
>   Jefsey, Alexander is essentially correct here.  I tried to indicate this
> in my previous response as well.  It does seem reasonable that if the
> ccTLD registries are to pay a full 1/3 of the ICANN budget, as ICANN
> is demanding, that they should have seats on the board and the DNSO NC.
> de Blanc is on the NC currently, but that is not necessarily representative
> of the ccTLD registries adequately.
>
>   Alexander, existing gTLD registries can be considered represented
> in ICANN through the Registry constituency of the DNSO, however
> this does not give the adaquate ICANN board representation either.
> In fact, the current ICANN board refuses to recognize most of the
> existing gTLD registries, deciding that they are "Rogue" in nature.
> That is a highly subjective evaluation, and as such not reasonable
> representitive.
>
> Alexander Svensson wrote:
>
> > Jefsey Morfin wrote:
> > > "ICANN being a no member corporation, does ICANN exist according the
> laws
> > > of your country and if not may a corporation of your country enter into
> > > legally valid relations with it?"
> >
> > Errr... Jefsey,
> > it seems to me that it is only important whether ICANN
> > exists according to the laws of California (and the
> > United States). Your state shouldn't have to approve the
> > inner workings of an Australian Pty. Ltd., a German e.G.
> > or an Irish teoranta for you to do business with it --
> > as long as it is recognized by .au/.de/.ie domestic law.
> > (I would presume there is an international agreement
> > roughly equivalent to the Vienna CISG for goods. Lawyers?)
> >
> > And it seems to me that it does not violate California
> > laws, as the CA Corporations Code explicitly provides for
> > Non Profit Public Benefit Corporations without members
> > http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=corp
> >
> http://www.leginfo.ca.gov/cgi-bin/displaycode?section=corp&group=05001-06000
> &file=5310-5313
> >
> > (For the record: There may of course be good reasons for
> > ICANN to become a corporation with members, my point is
> > that ICANN isn't illegal in California because of its
> > lack of members.)
> >
> > From a quick glance at the Corporations Code it looks to
> > me as if only persons can become members, and the
> > membership is non-transferable. This doesn't look
> > favourable for a 'silent takeover' by the ccTLDs without
> > much ado;
> >
> > I'm sorry, but I think you are on the wrong track here,
> > and I also disagree with handing over ICANN to the ccTLDs
> > and gTLDs -- this does /not/ fully address the @large
> > concerns.
> >
> > Best regards,
> > /// Alexander
>
> Regards,
>
> --
> Jeffrey A. Williams
> Spokesman INEGroup (Over 112k members strong!)
> CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> Information Network Eng. Group. INEG. INC.
> E-Mail jwkckid1@ix.netcom.com
> Contact Number:  972-447-1800 x1894 or 9236 fwd's to home ph#
> Address: 5 East Kirkwood Blvd. Grapevine Texas 75208

Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 112k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 9236 fwd's to home ph#
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208