Re: [ga] Stability

[Eric Dierker <Eric@hi-tek.com>]

Let us first remember that we are talking policy but the Verisign contracts
are just that, contracts.  I used to be a contract guy, and now I am a
policy guy.  If as the later I do not recognize the former I am ineffective.

When we negotiate contracts we should first look at the adversary and ask
what does he need and want, and more often than not, what does the
negotiator want.  Believe me when dealing with a Chinese General it is far
different than dealing with regional acquisitions expert for IBM.  But maybe
not so different.

What does ICANN have to offer and contractually what can Verisign really
require of us through their contractual rights which have vested or not.
The horrible answer, and one which is even more troubling for the ccTLDs, is
that both parties ain't got squat.  Until changed by Presidential decree
which is supported by US Congress the DOC owns this whole deal.  The bottom
line is that the US Gov. still owns the net and every facet thereof.  These
contracts are not entitlements but are revocable gifts.  They require
compliance with laws which oversee such things.  I do not speak merely of
can and cannots but funding.  What a delicate dance the ccTLDs do when
speaking of each countries rights, of which they have none.

I truly believe that the US Gov. does want to give this thing away
permanently.  But we cannot in such a way.  While ICANN is not a
governmental agency until we can get it together and protect the interests
of the individual user of the net, the US constitution simply (through
complex convolutions) cannot let ICANN have rights to then assign, transfer,
rent, lease, convey or gift to any any.  You simply cannot legally give U.S
property or rights to private or international interests without either or
both due compensation or due process and guarantee of surcharge/taxation
with representation. You must understand if the U.S Gov. owns it all of us
citizens own it.
Call us U.S. dudes crazy but that rule is the rule as simple as I can put
it.

So is it the American Joke; yes!

This brings me to the point of the Verisign contract.  Mr. Gomez, you are
doing a great job.  Unless you convince us this is a good Idea the Versign
deal might be executed but it is as dead as though there were no Verisign.
It is a tough business being a private concessionaire doing business with
the U.S. Gov. through an intermediary.  Tomorrow with a new administration
you could loose everything.  If you think I speak wrongly ask Thikol,
Rockwell, U.S. Steel, Jeep.  I think Ross Perot could help in this area.  If
you own stock in such an endeavor watch it closely.

All of the negative talk about corporate greed is really not helpful and the
obvious resentment of those who have not gotten the representation they want
is not relative to the agreements with Verisign.  The question is simply
should we endorse any agreement and thereby give stakeholder credence to
ICANN.  I am sure Mr. Gomez is doing all this work because he knows a
contract is worthless unless it is arguably a result of the consent of the
taxpayer users.

Sincerely,

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