Re[6]: [ga] [ADMIN] Four Week Suspension of Eric Dierker

["Roberto Gaetano" <ga_list@hotmail.com>]

The Chair has only the ability to use clemency in the application of the 
decisions of the list monitors, which is far from "overturning a decision".
Would you say that the President of the US, to make an example, has the 
power of overturning a decision of a judge when he gives grace (or whatever 
the technical legal term is) to somebody sentenced to death?
IMHO you (WXW) miss an important aspect of the power of the Chair: he/she 
can only alleviate the sentence of the List Monitors, not the reverse (as I 
thought I said clearly, he/she does not have the power, for instance, to 
modify a dismissal by the List Monitors).
In other words, the Chair is not a judge of appeals, and hence formally the 
sanctioned person still remains judged "guilty" of the offence, but has the 
"fine" condoned.

But anyway, how does this influence the policy on Domain Names?

Regards
RG


>From: "William X. Walsh" <william@userfriendly.com>
>Reply-To: "William X. Walsh" <william@userfriendly.com>
>To: "Roberto Gaetano" <ga_list@hotmail.com>
>CC: earl@pheather.com, ga@dnso.org
>Subject: Re[6]: [ga] [ADMIN] Four Week Suspension of Eric Dierker
>Date: Thu, 21 Jun 2001 10:40:56 -0700
>
>Hello Roberto,
>
>You may not agree, but the appeals mechanism clearly gives the chair
>the ability to overturn a moderator decision.
>
>Thursday, June 21, 2001, 10:38:14 AM, Roberto Gaetano wrote:
>
> > William, Earl,
>
> > William X. Walsh wrote:
> >>
> >>There is an appeal process.  Currenlty that is to the Chair. Roberto
> >>overturned actions, as Patrick did in his acting capacity earlier
> >>today.
>
> > I beg to disagree.
> > I did not overturn decisions, or at least I never meant to do so.
> > In two cases I used the privilege of the Chair to lift a sanction, an 
>act
> > that is more similar to "grace" than to "rule".
> > IMHO, the Chair does not have the power to overturn List Monitors 
>decisions.
> > Otherwise we would have also the possibility of the Chair applying 
>sanctions
> > following a complaint that the List Monitors have dismissed.
>
>
> > About the general issue on transparency and public discussions on 
>complaint
> > process, raised by Earl and others, I would like to ask a question: 
>"What is
> > the core business of the GA?"
>
> > IMHO, the GA is not about an experiment of democracy in cyberspace, but
> > about a way to provide public input to ICANN on Domain Name issues.
>
> > To get some public input in a less than perfect fashion will be to 
>achieve
> > some of the purpose. To achieve perfect cyberdemocracy but provide 
>little or
> > no input would mean that we have failed miserably.
>
> > In practical terms, the more time we dedicate to sociological and
> > pseudo-political argumentation, the more the decisions on Domain Names
> > issues will be taken without our input. Is this our goal? If yes, fine,
> > let's continue, we are on the right track!
>
> > Regards
> > Roberto
>
>
> >>
> >> > Public,open and transparent handling of the complaint process is what
> >> > has been missing, allowing the process to be manipulated by a few, to
> >> > the detriment of the list.
> >>
> >> > For example
> >>
> >> > WHO FILED THE COMPLAINTS ?
> >>
> >>I don't think that is relevant, really. I used to think that it should
> >>be mandatory, however I no longer do.  I think the complainant has a
> >>right to privacy, and I don't see how the identity of the complainant
> >>is relevant.  The moderator accepts responsibility for the action.
> >>
> >>Disclosure of complainants only leads to further inflammations.
> >>
> >>--
> >>Best regards,
> >>William X Walsh <william@userfriendly.com>
> >>Userfriendly.com Domains
> >>The most advanced domain lookup tool on the net
> >>DNS Services from $1.65/mo
> >>
> >>--
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> >>
>
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>
>
>--
>Best regards,
>William X Walsh <william@userfriendly.com>
>Userfriendly.com Domains
>The most advanced domain lookup tool on the net
>DNS Services from $1.65/mo
>
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