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[council] Letter to L.Touton
I have sent the following letter to Louis Touton and wanted to share it with
you.
Kathy Kleiman
-------------------------
Mr. Louis Touton
General Counsel and Vice President of ICANN
November 18, 1999
Dear Mr. Touton:
As you know, parties involved with ICANN are in the process of
debating the role and powers of the General Assembly. This is an
important debate for all DNSO participants, but particularly
for the individuals and small businesses who feel largely
disenfranchised by the constituency process. The debate we have
and the decisions we make will strongly shape the long-term
participation of smaller parties in the GA, the DNSO and ICANN.
Much to my surprise, Joe Sims has been an active participant and
advocate in the Names Council debate on the General Assembly
issue. In the past, Mr. Sims has played the more neutral role of
counsel to the Names Council, answering legal questions that we
raise regarding bylaws, procedures and deadlines. On this issue, he
has turned into an active advocate regularly publishing messages to
the Names Council that outline his concerns about the directions of
the General Assembly and providing a roadmap for the Names
Council to take more control from the General Assembly. I find
this advocacy role troubling.
As you know, Mr. Sims is a senior partner of the law firm of Jones
Day, one of the largest law firms in the world. This law firm
represents many of the most prominent corporations in the country,
and boasts on its website that it "acts as principle outside counsel
to, or provides significant legal representation for, more than half
of the Fortune 500 companies...." This background naturally gives
rise to question of whether there are inherent conflicts between the
companies he/his firm represents and the large company vs. small
player disputes that are being played out in this names Council
debate.
While I recognize and value the contribution of Joe Sims to
ICANN, to the extent there are real or perceived conflicts, I believe
it is inappropriate that he play a continuing role in the
debates over the General Assembly. Moreover, I question whether
it is appropriate for ICANN's outside counsel to be a participant
in substantive debates. I bring this matter to your attention and
ask you to take the actions necessary to create a more
balanced and fair debate. Thank you for your review.
Sincerely,
/s/ Kathryn Kleiman
Representative to the Names Council from the
Noncommercial Domain Name Holders Constituency