Re: [ga] Revised BC Charter In Breach of ICANN's Bylaws ??

[Jeff Williams <jwkckid1@ix.netcom.com>]

Roeland and all assembly members,

  I am not sure if it is "Jim Crow" or "Gerrymandering" of a sort.
However it certainly is that "Old ICANN Religion"!  >;)

  As a Jew myself I can somewhat understand this particular
religious sort for attitude that the ICANN BoD and particularly
the ICANN staff in one Stuart Lynn has taken and passed on
to the BC insiders.  However such an attitude cannot and will
not stand.

Roeland Meyer wrote:

> Actually, that's not any better or worse than what they had before. It also,
> doesn't solve the problem. NewNet isn't eligible, for the BC, because they
> might be better served by a registry constitituency, which won't have them
> because they are regligiously incompatible, thus leaving them out even
> though they are a legal organization, in the US, practicing a legal
> activity.
>
> This is basically, practicing illegal discrimination under US charter. Can
> we say "Jim Crow"? Catholics, Blacks, and Jews need not apply because we are
> a WASP church.
>
> ICANN cannot claim to be all-inclusive and they are in violation of the DOC
> MoU.
>
> |> -----Original Message-----
> |> From: Patrick Corliss [mailto:patrick@quad.net.au]
> |> Sent: Sunday, November 25, 2001 8:13 AM
> |> To: Philip Sheppard
> |> Cc: [ga]
> |> Subject: [ga] Revised BC Charter In Breach of ICANN's Bylaws ??
> |>
> |>
> |> To:    GA Mailing List Members
> |>
> |> Article 4 of the revised BC Charter says, in part:
> |>
> |> "This [i.e. membership] excludes for-profit entities whose
> |> business means they
> |> are likely to formulate views from the perspective of
> |> Internet or Domain Name
> |> service providers, as well as from other groups whose
> |> interests may not be
> |> aligned with business users.  Such entities may find other
> |> constituencies
> |> offer more appropriate means of representing their members'
> |> interests."
> |>
> |> Section 3 of ICANN's Bylaws states in part:
> |>
> |> THE CONSTITUENCIES
> |> (a)    "Each Constituency shall self-organize, and shall
> |> determine its own
> |> criteria for participation, except that no individual or
> |> entity shall be
> |> excluded from participation in a Constituency merely because
> |> of participation
> |> in another Constituency, and constituencies shall operate to
> |> the maximum
> |> extent feasible in an open and transparent manner and consistent with
> |> procedures designed to ensure fairness."
> |>
> |> If you look at the language used in the BC revised Charter,
> |> it specifically
> |> EXCLUDES businesses which are ISPs etc. "who may find other
> |> constituencies
> |> offer more appropriate means of representing their members'
> |> interests".
> |>
> |> That looks like a clear breach of ICANN's bylaws to me.
> |> However, the revised
> |> Article has been very carefully worded to suggest that ISPs
> |> etc. have not
> |> been excluded merely because of PARTICIPATION in another
> |> constituency.
> |>
> |> No, sirree, they have been excluded because they are
> |> ELIGIBLE to participate
> |> in another constituency !!
> |>
> |> Does this "get them off on a technicality"  (as the criminal
> |> lawyers say) ?
> |> I don't think so as that is not fairness to the "maximum
> |> extent possible".
> |>
> |> Best regards
> |> Patrick Corliss
> |>
> |>
> |>
> |>
> |>
> |>
> |>
> |>
> |>
> |>
> |>
> |>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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