RE: [council] Letter to L.Touton

[Theresa Swinehart <Theresa.Swinehart@wcom.com>]

Kathy,

To be honest, I was somewhat surprised to see your letter and find that the
characterization in the message to be disturbing, not to mention misleading.
With all due respect, I have not found the notes that Joe has sent (the very
few that he has contributed) to be anything resembling the perception your
letter makes. The few notes Joe does send are either legal advice, and if
they are not specifically legal advice, he is very clear that he is sharing
his personal view, and that he's doing so "for what it's worth (FWIW)". I
don't think it is correct to think that they've contributed in any way to an
unbalanced or unfair debate.

You'd mentioned that Joe's background lends itself to question whether there
are inherent conflicts - I'd like to point out that every single member of
the DNSO has a background. Your letter, in my view, discourages
participation, and I don't think this is something that does the DNSO any
justice in encouraging. I think that it would be very helpful if we would
all try to participate and move things forward with discussions.

Just to make clear for the record, these are my personal views only, not
those of the Business Constituency, my employer, my pool team, any working
groups or committees, etc. I am involved with (list can be provided upon
request), my immediate or extended family, or my prior employers.

Theresa


-----Original Message-----
From:	owner-council@dnso.org [mailto:owner-council@dnso.org] On Behalf Of
KathrynKL@aol.com
Sent:	Thursday, November 18, 1999 2:43 PM
To:	ncdnhc-discuss@lyris.isoc.org; council@dnso.org
Subject:	[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