[ga] Qui Tam

[Eric Dierker <eric@HI-TEK.COM>]

http://www.icann.org/general/amend2-jpamou-07sep00.htm

The above is a must read.

Regarding Security;  Only as it pertains to root servers - 4. e.

Regarding Inclusive Roots;  Not excluded anywhere, therefor included in
the term roots.

Regarding ALSC;  No Where!

Regarding the AL;  In accordance with our by-laws. 1. C.

Regarding funding to provide for the operation of the NC and GA, which
are currently not being funded or supported to a level of real
functionality;

"ICANN agrees to perform the following activities and provide the
following resources in support of the DNS"

Not fulfilling this contractual obligation with the US gov. and yet
still charging world citizens for services pursuant to that contract
would seem to me to be a QUI TAM action on a silver platter.

If you have any doubts as to my interpretation please read Mr. Touton's
formal declaration under penalty of perjury at;
http://www.icann.org/legal/smiley-v-icann/touton-supp-decl-05oct01.htm

In an effort to escape liability in Smiley he seems to have stated his
companies obligations rather broadly and claimed rights via the
aforementioned amendment to the DoC contract.  In my understanding of
Kofeltian Logic (as I am a philosopher and not a lawyer) The claiming of
rights gives rise to the demand of duties and responsibilities.

POLICY is used many times in the contractual amendment and I do not note
any restrictive preceding terms such as "technical" used in conjunction
therewith. Therefor I would conclude that as part of this DNS Project
public policy is a crucial element and from my reading of the by-laws
and articles that is to come from the bottoms up from the GA through the
NC of the DNSO.  Now if they promise to fund this project but instead
take the money and have an ALSC is not that stealing from the US
government.

Please look at; http://www.icann.org/biog/touton.htm  personally in a
public corporation I do not like to have my General Counsel sleeping
with my Vice President and/or my Secretary, it creates a conflict
situation where the General Legal advice to the Corporation may take a
back seat to the interests of the officers, especially when the
corporation is sued and the officers have independent liability. (or
perhaps Mr. Touton cannot sleep with himself)

Sincerely,
Eric
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