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ICANN's Libility to:Re: [ga] Final draft of proposed mailing list rules

Joe and all DNSO'ers,

!Dr. Joe Baptista wrote:

> Well Mr. Touton thank you for bringing us this answer.  And now an
> important question for you.  I was censored by the DNSO list admin and the
> Names Council.  As a result of these actions what is the liability of
> ICANN and the DNSO?
>
> I look forward to your well informed legal opinion.

  ICANN's liability is total here, with possibly some liability belonging to
the NTIA.

>
>
> And now for my reply to you.
>
> On Wed, 19 Jan 2000, James Touton wrote:
>
> > 1.  There is not other alternative set of rules currently on the table and
> >      from my reading of the posts to this list no call for alternatives was
> >      or has been made.  This leaves the General Assembly with not
> >       alternatives.
>
> that's "no" alternatives and yes - you are correct.
>
> >
> > 2.  The motivation incorporated in Haralds proposal for list rules seems
> >       to be more politically motivated that one of necessity.
>
> Not only is it motivated by politics - it's also a necessity for the Names
> Council to continue this fraud of assuming representation on our behalf.

  Indeed you are correct here, Joe.  And the legal ramifications are
enormous of course for those that are aiding and abetting or can be shown
to be so.

>
>
> > 3.  Filtering by anyone on this list can be self achieved by several methods
> >      available to each participant.
>
> correct and well said.
>
> Regards
> Joe Baptista
>
> P.S.  Won't it be fun if this becomes an international incident, criminal
> or otherwise.
>
> >
> > Mikki Barry wrote:
> >
> > > I agree with Ellen completely.  Given that this process has had plenty of
> > > decisions regarding whose opinions are of value, and who is an 'arrogant
> > > juvenille' I am not comfortable with people making decisions regarding
> > > whose voices are the "official" archive and which are "filter fodder."
> > >
> > > I am also very concerned at the proclamation that "the ga is not a decision
> > > making body."  As in many parts of this process, many of us thought we were
> > > getting something besides a rubber stamp for the names council.
> > > Unfortunately, the manipulations that have already occurred to the process
> > > have laid the groundwork for complete distrust in any mechanism by which
> > > individuals can choose to silence others, regardless of how annoying they
> > > are.
> >
> > James Touton
> > Legal advisory committee member
> > INEGroup
> >
> >
> >
> > __________________________________________
>

James Touton
Legal and Policy Advisory Council,
INEGRoup (Stakeholder)

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