Re: [ga] Captain, O my Captain

[Jefsey Morfin <jefsey@wanadoo.fr>]

Dear Eric,
this message is about this problem hopefully  *not* to explode but to be 
handled appropriately by Vint. But if it must, let be it. I fully 
understand that Stuart may want to hide perfectly reasonable things for 
perfectly reasonable reasons. But if he wants to hide them this is because 
he is an unreasonable situation and tries to handle it at his best. That 
unreasonable situation must be addressed because the truth always free us - 
and Stuart - on the medium or long term. This is common interest for a 
common service mission. Maybe the nets security, certainly the nets 
stability are concerned.

Jefsey

On 18:36 08/12/01, Eric Dierker said:
>This message was posted to the GA. I felt it appropriate to repost it here.
>clearly
>this problem is going to explode.  In all my young years I have never seen a
>situation where a refusal to disclose and provide that which one should, did
>not result in the revelation of serious malfeasance.
>
>Here we have the refusal of the ALSC to submit detailed reports of their
>spending and billing to ICANN.  Why?  How could that be harmful to anyone?
>
>Eric
>
>Jefsey Morfin wrote:
>
> > Mr. Cerf, Mr. Lynn, Mr. Younger,
> > The quoted letter of Mr. Younger to Mr. Lynn reflects only partly the
> > concerns that ICANN Users may have. Our common interest is obviously that
> > the ICANN fulfills its missions to the best common interest. Mission creep
> > and mission sleep - as per Mr. Diecker's adequate wording - are both the
> > primary matters of concern as in every human organization. Also a mani
> > pulite spirit is of the essence as in every organization indirectly
> > affecting external large budgets and revenues and providing personal or
> > professional fames. Concerns about Internet Participants and people is a
> > duty as for any international body which mainly translates into
> > transparency, equality to all, democratic consensus based spirit and
> > obligation not to enlarge the financial, lingual and digital divides. Last
> > but not least professionalism is a necessity to make sure that the
> > management is consistent, the action is not contested and the image is
> > protected and developed.
> >
> > Mr. Younger asks for a review of the Corporation's actions by Mr. Lynn. I
> > am afraid Mr. Lynn has already provided publicly such a review in terms I
> > personally found shocking and as such a proof of the Mr. Auerbach's
> > reclamations at least regarding the Staff's attitude. I questioned that
> > evaluation of mine publicly on the GA as I could be wrong: it was 
> confirmed.
> >
> > At this stage I suppose no one wants a clash nor to display too many things
> > in public. So it is time to call on Mr. Vint Cerf. I am a naval officer and
> > a public right trainee. In my culture the commander bears the full
> > responsibility even if he is for nothing in the problem. This has obviously
> > ultimate disadvantages, but from experience it has also immense advantages
> > as it gives a full yet controlled authority to treat quickly and nicely any
> > problem internally, at its root.
> >
> > I must say that I take also that call to Mr. Vint Cerf as a test to know
> > who is the real ICANN CO. To my French law and international naval law
> > readings Mr. Stuart Lynn is the President or the EXO. I must also say that
> > in both legal cultures of mine denying or imposing constraints to a Member
> > of the Board in accessing information he is entitled to is a delict one and
> > a military fault in the other that neither a Chair nor a CO has the legal
> > ability to cover. Is that different under the US or the local 
> Californian law?
> >
> > This matter is highly preoccupaying. I make no mistery that I disagree with
> > the present policy of the ICANN, structure, strategies and ways of
> > management, understanding of the Networks structure. But I never hidden
> > either that, if may be I do not understand it in the same way, I fully
> > support Mike Roberts word "we the ICANN", though  improvements towards
> > agreements. This is by nature what a consensu is about.
> >
> > That a Board Member preoccupated openly by concerns about "democracy" and
> > transparency is purposedly made to "sleep" when he wants to investigate on
> > the "creep" and on the "mani pulite" aspects is too much "unprofessional".
> > This affects the five main priorities I - and probably most of the other
> > ICANN Users - assign to the ICANN. This is another reason to call for a
> > professional review and an apeasement by the top before it comes to the
> > bottom through the media, the courts or the international arena.
> >
> > I suppose that this letter reflects in its own way the thinking of a number
> > of ICANN Users on this GA and in other fora. It looks and does hope for a
> > peaceful settlement. But I am afraid this is the last internal escalation
> > we have on the real root of the ICANN.
> >
> > Best regards.
> >
> > Jefsey Morfin
> >
> > PS. I thank those who have already responded to my proposition to study the
> > incorporation of an ICANN User Association. To be on that project study
> > group and bootstrap send me only a mail. I underline that this project - as
> > it start developing - is in accordance with the spirit of this letter irt
> > the ICANN: five identified priorities, an international and real network
> > oriented point of view, an active support and cooperation to the mission,
> > suggestions to reduce the sleep and a firm opposition to the creep.
> >
> > At 09:16 08/12/01, DannyYounger@cs.com wrote:
> > >Mr. Lynn,
> > >
> > >My North American At-Large Director, Karl Auerbach, has once more posted a
> > >series of comments regarding the "absolute right" of a Director to inspect
> > >and copy corporate documents, a right that he claims you are denying 
> to him.
> > >When I hear an argument by my representative that insists that this
> > >Corporation under your stewardship is engaged in applying its 
> procedures and
> > >practices inequitably so as to single him out as a particular party for
> > >disparate treatment, such actions not being justified by either 
> substantial
> > >or reasonable cause, I have a legitimate right to be concerned that 
> ICANN is
> > >in violation of its Bylaws.
> > >
> > >As Mr. Auerbach's complaints on this subject matter have been set 
> forth in a
> > >number of fora over the course of several months, and as ICANN's 
> failure to
> > >resolve this concern continues to cast doubt upon the integrity of our
> > >Corporation, this impasse now begins to affect all of us.  Accordingly, in
> > >the interest of resolving this matter, allow me to request that a 
> review of
> > >the Corporation's actions with respect to Mr. Auerbach's right of 
> inspection
> > >be undertaken by the full Board.
> > >
> > >Please advise if you will honor such request for review.
> > >
> > >regards,
> > >Danny Younger
> > >
> > >
> > >
> > >
> > >
> > >
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