[ga] Captain, O my Captain

[Jefsey Morfin <jefsey@wanadoo.fr>]

Mr. Cerf, Mr. Lynn, Mr. Younger,
The quoted letter of Mr. Younger to Mr. Lynn reflects only partly the 
concerns that ICANN Users may have. Our common interest is obviously that 
the ICANN fulfills its missions to the best common interest. Mission creep 
and mission sleep - as per Mr. Diecker's adequate wording - are both the 
primary matters of concern as in every human organization. Also a mani 
pulite spirit is of the essence as in every organization indirectly 
affecting external large budgets and revenues and providing personal or 
professional fames. Concerns about Internet Participants and people is a 
duty as for any international body which mainly translates into 
transparency, equality to all, democratic consensus based spirit and 
obligation not to enlarge the financial, lingual and digital divides. Last 
but not least professionalism is a necessity to make sure that the 
management is consistent, the action is not contested and the image is 
protected and developed.

Mr. Younger asks for a review of the Corporation's actions by Mr. Lynn. I 
am afraid Mr. Lynn has already provided publicly such a review in terms I 
personally found shocking and as such a proof of the Mr. Auerbach's 
reclamations at least regarding the Staff's attitude. I questioned that 
evaluation of mine publicly on the GA as I could be wrong: it was confirmed.

At this stage I suppose no one wants a clash nor to display too many things 
in public. So it is time to call on Mr. Vint Cerf. I am a naval officer and 
a public right trainee. In my culture the commander bears the full 
responsibility even if he is for nothing in the problem. This has obviously 
ultimate disadvantages, but from experience it has also immense advantages 
as it gives a full yet controlled authority to treat quickly and nicely any 
problem internally, at its root.

I must say that I take also that call to Mr. Vint Cerf as a test to know 
who is the real ICANN CO. To my French law and international naval law 
readings Mr. Stuart Lynn is the President or the EXO. I must also say that 
in both legal cultures of mine denying or imposing constraints to a Member 
of the Board in accessing information he is entitled to is a delict one and 
a military fault in the other that neither a Chair nor a CO has the legal 
ability to cover. Is that different under the US or the local Californian law?

This matter is highly preoccupaying. I make no mistery that I disagree with 
the present policy of the ICANN, structure, strategies and ways of 
management, understanding of the Networks structure. But I never hidden 
either that, if may be I do not understand it in the same way, I fully 
support Mike Roberts word "we the ICANN", though  improvements towards 
agreements. This is by nature what a consensu is about.

That a Board Member preoccupated openly by concerns about "democracy" and 
transparency is purposedly made to "sleep" when he wants to investigate on 
the "creep" and on the "mani pulite" aspects is too much "unprofessional". 
This affects the five main priorities I - and probably most of the other 
ICANN Users - assign to the ICANN. This is another reason to call for a 
professional review and an apeasement by the top before it comes to the 
bottom through the media, the courts or the international arena.

I suppose that this letter reflects in its own way the thinking of a number 
of ICANN Users on this GA and in other fora. It looks and does hope for a 
peaceful settlement. But I am afraid this is the last internal escalation 
we have on the real root of the ICANN.

Best regards.

Jefsey Morfin

PS. I thank those who have already responded to my proposition to study the 
incorporation of an ICANN User Association. To be on that project study 
group and bootstrap send me only a mail. I underline that this project - as 
it start developing - is in accordance with the spirit of this letter irt 
the ICANN: five identified priorities, an international and real network 
oriented point of view, an active support and cooperation to the mission, 
suggestions to reduce the sleep and a firm opposition to the creep.

















At 09:16 08/12/01, DannyYounger@cs.com wrote:
>Mr. Lynn,
>
>My North American At-Large Director, Karl Auerbach, has once more posted a
>series of comments regarding the "absolute right" of a Director to inspect
>and copy corporate documents, a right that he claims you are denying to him.
>When I hear an argument by my representative that insists that this
>Corporation under your stewardship is engaged in applying its procedures and
>practices inequitably so as to single him out as a particular party for
>disparate treatment, such actions not being justified by either substantial
>or reasonable cause, I have a legitimate right to be concerned that ICANN is
>in violation of its Bylaws.
>
>As Mr. Auerbach's complaints on this subject matter have been set forth in a
>number of fora over the course of several months, and as ICANN's failure to
>resolve this concern continues to cast doubt upon the integrity of our
>Corporation, this impasse now begins to affect all of us.  Accordingly, in
>the interest of resolving this matter, allow me to request that a review of
>the Corporation's actions with respect to Mr. Auerbach's right of inspection
>be undertaken by the full Board.
>
>Please advise if you will honor such request for review.
>
>regards,
>Danny Younger
>
>
>
>
>
>
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