Re: [ga] Comments on ICANN Reform Recommendations

["J-F C. (Jefsey) Morfin" <jefsey@club-internet.fr>]

Dear Kent,
US legalities are of no interest here. "Public Interest" means that the 
focus of the corporation is in the "Public Interest" - prior to its own 
survival - and that there is a way for the worldwide Public to control that 
the action is its interest and to decide about the way to subsidize it. 
Obviously a lot of ICANN issues would be different if it was incorporated 
under a Roman law rather than under a Commin law system, and probably under 
a Moslim law, etc.. This should not be. This gives us indications on how 
either to reveiw the ICANN or to limit its scope.

IMHO the ICANN is so much US law oriented, that the best thing is to 
limitate it to US law related issues with a liaison to international 
affairs. The proposed reform, seems to go this way. Should the IANA be 
subcontracted, transfered, etc.. and the NomComgress be international enough.
jfc

On 10:38 02/06/02, Kent Crispin said:

>On Sun, Jun 02, 2002 at 02:25:13AM -0700, Sandy Harris wrote:
> >
> > I think the bottom line is that ICANN is a "public benefit" corporation.
> > Without a pausible plan to ensure that the public interest is adequately
> > respresented, it loses all legitimacy.
>
>The legitimacy of a public benefit corporation does not in any way
>whatsoever depend on any form of representation of the public; a
>public benefit corporation is by definition a *private* entity that
>gets a particular tax status.  It has absolutely no obligation under
>the law to involve the public in its management or in any of its
>decision-making processes.
>
>The way it works, basically, is that the directors and officers decide
>what the corporation does; and the state decides whether those
>activities are worthy of special tax status.  Under normal
>circumstances the state has absolutely nothing else to do with it, and
>neither does the general public.
>
>That is, public representation is absolutely not necessary for ICANN to
>function as a completely legitimate public benefit corp, just like
>thousands and thousands of other corporations.
>
>--
>Kent Crispin                               "Be good, and you will be
>kent@songbird.com                          lonesome."  -- Mark Twain
>
>--
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