[ga] Re: Pont of order

["!Dr. Joe Baptista" <baptista@pccf.net>]

Your making assumptions in law which are incorrect.

On Mon, 31 Jan 2000, Roeland M.J. Meyer wrote:

> As a point of order, the ONLY responsible parties, in the DNSO.ORG are the
> Names Council. The last time I checked, neither Harald nor Roberto are on
> the NC. Someone please correct me if my info is out of date. There are no
> by-laws, anywhere, that even provide for a GA chair, much less assign that
> entity a seat on the NC. Evenso, even the NC has marginal responsibility
> within ICANN, the ICANN BoD has made sure of that. The DNSO is a wholely
> operated entity of the ICANN, who has prime responsibility. Ergo and at
> best, Joe's bitch is with the NC if not the ICANN BoD (with the ICANN BoD
> having primacy).

Incorrect.  Regardless of the ICANN by-laws there is a clear line of
fiduciary responsibility.  Harald and Roberto are chairs selected by the
NC, and the NC is creature of ICANN.  Ultimately - yes - the ICANN BoD is
responsible and liable for what goes on here.  But the responsibilities
starts with the chair and alternate, then it lands on the NC and then it's
ICANN's fault.  Do you see how the responsibility tree works here Roland.

> 
> In short, Harald can not be held accountable nor answerable, even if he
> wanted to be. If he was smarter, he'd duck and defer Joe to the ICANN BoD
> and leave it at that.

If he were smart he would ask the NC for a reply and if the NC had no idea
it would refer to the BoD at ICANN.  That's the correct method and follows
the pecking order of corporate responsibility.

> The other issue is that you can't have it both ways; Harald is either
> legitimate GA chairman, or he is just another nobody. You can't hold him
> responsible for an office which you don't acknowlege. That is patently
> unfair in ANY court of ANY jurisdiction (saving the Napoleanic ones, of
> course). I am sure that Joe knows better, but just wants to cause his usual
> disruption.

I do not recognize either Robert or the alternate Harald as our
chairs.  They were not choosen by the GA.  That is a political
reality.  The legal reality is that they hold the office and must
effectively administer it - or there is legal liability which ultimately
resides with the Bod.

So don't accuse me of disruption.  At best I'm making a case that Harald
and Roberto are evasive - and that liability again as I 've said before
lands squarely on the ICANN BoD

Regards
Joe

> Granted, Harald and I have some policy disagreements, but let's at least
> play fair (if not nice).
> 
> > -----Original Message-----
> > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf Of Jeff
> > Williams
> > Sent: Monday, January 31, 2000 3:42 PM
> >
> > Roeland and all,
> >
> >   But Harald is the illegitimately elected "Co-Chair" of the DNSO.  Hence
> > Joes request for info.  As the DNSO is part of ICANN, he does in some
> > small fashion bear the responsibility of providing the
> > information requested
> > under US law.  Should he fail to do so, other legal proceedings can be
> > brought to bear.  It is the Illegitimate factor that may have
> > some questionable
> > bearing on this matter however.
> >
> > Roeland M.J. Meyer wrote:
> >
> > > I have no idea why you expect Harald to have thois information.
> > He is not an
> > > ICANN principle, or even an employee.
> > >
> > > > -----Original Message-----
> > > > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org]On Behalf
> > Of !Dr. Joe
> > > > Baptista
> > > > Sent: Sunday, January 30, 2000 4:06 PM
> > > > To: Harald Tveit Alvestrand
> > > >
> > > > On Sun, 30 Jan 2000, Harald Tveit Alvestrand wrote:
> > > >
> > > > > After having come to the conclusion that you're not interested
> > > > merely in
> > > > > communicating, but discovering the correct respondent for
> > some arcane
> > > > > ritual of American law, the details of which I, being a
> > > > Norwegian citizen,
> > > > > know nothing about and do not wish to know about any time soon,
> > > > I find that
> > > > > I do not have that information, and am not willing to spend the time
> > > > > finding out what it is, when you can do it as easily as me (or
> > > > even more
> > > > > easily, since you live in that timezone).
> > > > >
> > > > > Call them. Ask.
> > > > >
> > > > > I will not bother the list with further replies on this thread.
> > > >
> > > > So - you refuse to undertake your fiduciary responsibilities
> > to provide
> > > > and confirm my request for information, being the correct address for
> > > > service on the dnso via icann, nor have you confirmed the
> > party where I
> > > > should direct my message to, nor will you provide the name of the
> > > > insurance carrier who underwrites your and icanns liability insurance.
> > > >
> > > > You have effectively blocked me from making a formal motion
> > based on the
> > > > ga dnso rules you people have imposed on everyone here.
> > > >
> > > > Very well - QUESTION - do you have an email address for
> > someone at icann
> > > > who would know and can fullfill the duties you are abrogating.
> > > >
> > > > Regards
> > > > Joe
> > > >
> > > >
> >
> > Regards,
> >
> > --
> > Jeffrey A. Williams
> > Spokesman INEGroup (Over 95k members 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:  972-447-1894
> > Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
> >
> >
>