Re: [ga] Re: reeling in ICANN?

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

And herein lies a large part of the problem.

Jeff Williams wrote:

 
1.whether the delegation of authority over the
  domain name system (DNS) from the
  Department of Commerce (DOC) to ICANN is
  legal;
2.whether ICANN is the appropriate body to
   manage the DNS;
3.whether ICANN has performed well.

=========  end of additional excerpt =========

It would seem to me that #1 is not really all that important or
really in question.  But #'s 2 and 3, are indeed being questioned
on a global basis as time goes on...
 

While U.S laws are not imperfect the gist of the law is that if you allow
private manipulation of a public resource it must be done in certain ways. 
All that garbage about open and transparent and bottoms up and stakeholders
is really the crux of what the Senator is referring to in his remarks. 
If you go to ICANNWatch beginners page you see a nice little synopses of
what ICANN was supposed to do and did not do.  This is why the preceding
1 is really the conclusion of 2&3 and is the bottom line.
Experienced Senators, if you will study them, only state in questions
what they have already concluded to be true.  It is the polite way
of telling the recipient Department what he is going to be nailed for unless
some care is given or he chooses to stand by his operation.  If he
chooses to correct the situation the Senator has left him some face saving
wiggle room, if he chooses to maintain the status quo, the battle lines
have been drawn in an orderly fashion.
Making the statement so open and notorious is undoubtedly a combination
of the new department head and an indication that this situation will be
resolved one way or the other.  If there is a power struggle then
the ICANN will get drawn and quartered as a sacrifice.
There is an interesting fellow that goes by Conant who spends his time
based upon the destruction of ICANN and placing himself in a position to
replace it.
Verisign and ICANN are at a very interesting partnership here, much
like a foreign power with a dictator.  Verisign must gather the internal
support for ICANN's actions in order to keep ICANN in power, if they cannot
then their dictator will be replaced by one which they have not cultivated
and who most likely has been cultivated by another.
You must constantly keep in mind that contracts with the government
aren't.  those of us who do not know better think that communist or
socialist governments are more likely to take your property in the name
of the state - wrong, ask someone who lived where a freeway needed to go.
Any contract with the Gov is null and void if it violates any existing
law or regulation, many of which are subject to broad and varying interpretation.
Never forget who funds the DOC.

Sincerely,