Re: A delayed reply to A.McL [Was RE: [ga] Final draft of proposedmailing list rules]

["Diane Cabell" <cabell@mama-tech.com>]

(....)
> > I'm sure Jonathan's suggestions will be given careful consideration
by
> > the Board.  I'll ask him to repost them in the dedicated comment
> > forum, once it's been launched.
> >
>
> I am open to alternatives.  If we can't manage something reasonably
> democratic now, then some means needs to be found to virtually
represent
> the interests currently excluded.  Few rights owners are actually
> represented in the DNSO; representatives of trade associations stand
in
> for them. Perhaps having people from appropriate Internet oriented
civic
> groups would work as an interim measure - CDT, EPIC, ACLU are US
> possibilities. I'm not well informed about the extent to which similar
> groups exist in other countries.

Which ones are "appropriate"?  Who decides?  I strongly disagree with
any proposal to substitute the political agenda of public interest
groups for the voice of the individual user.  Most PIs are structured as
private non-profits with the same organizational and oversight
limitations as ICANN.  How does one elect the officers of these
organizations?  What are my rights of redress for their errors?  What
are their major sources of funding and are those significantly different
from ICANN's?

IMHO, putting such groups "in charge" of the public voice is less
representative than the At Large Council proposal, inadequate as it may
be.  I have tremendous respect for the ability of tightly focussed
private groups to investigate and publicize issues of interest to their
supporters, but that is a quite a different function from reflecting the
desires of a broad constituency.   Adding a layer of independent
bureaucracy such as this (well-meaning as it may be) would only further
distance the individual user from a voice in choosing a representative.

Diane Cabell
http://www.mama-tech.com
Fausett, Gaeta & Lund LLP
Boston, MA


>
> >

> > [ 2) Also, is the issue of new DNSO constituencies going to be in
order in
> > [ Cairo?  If not, when will the IDNO issue actually be discussed and
> > [ resolved?
> >

> >
> >
> >
> > I've advised the Board that I don't think any of the proposals for
> > additional constituencies (including the IDNO and variations on it)
> > have met the test of broad support.  If the Board receives a
proposal
> > for a new constituency that bears evidence of broad support among
> > individuals (which means many more than 35 individual members, in my
>
> How does this compare to the test that was applied to the initial
> constituencies?
>
> Would you be willing to share how many names in excess of 35 is
required
> to be taken seriously by ICANN?  And how this compares with the number
of
> individuals who formed the existing DNSO constituencies?
>
> It would be very unfortunate if this got to be like a NY primary
election
> registration drive.
>
> > view), I'll certainly advise them to consider it.  The Board can
only
> > act on actual proposals, though.  Is there a new effort underway to
> > organize a broad-based, open and inclusive constituency for
> > individuals domain name holders?
> >
>
> I do not know of one.  Until and unless the Board lets the rest of the
> world in on what criteria would have to be satisfied, I doubt anyone
would
> be willing to devote the time to organizing one in light of what
potential
> members might reasonably interpret as nearly implacable hostility to
the
> concept.  (I personally don't think the Board is implacably hostile to
the
> concept, but I wouldn't feel able to convince many other people of
this
> given the current state of play.  The perception is there, it has some
> basis in things various people have said.)  And right now, even I
think it
> unlikely that the Board would accept any proposal for another DNSO
group
> of any kind until some future time.  It looks like a de facto freeze.
>
> Perhaps, if and when the Board is prepared to entertain new
applications
> for DNSO constituencies, it could announce that fact.  That might
break
> the logjam.
>
> [remainder of previous exchange deleted]
>
> Yours &tc,
> MF
> --
>
> A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
>                         -->It's warm here.<--
>
>