Re: [dnso.discuss] Re: [ifwp] January 17th ICANN Teleconference

[jeff Williams <jwkckid1@ix.netcom.com>]

Jay, Michael and all,

  I have been somewhat amazed and dismayed that some of you are just
now realizing that these unilateral actions by the ICANN "Initial" and Interim
board have been going on.  They have been going on for some time now.
This example is only one of several.

  I would also like to point out that anyone could have filed a protest
with the NIST if they choose to do so.  We did as did ORSC and
MHSC.  I was told just today in a phone mail message from Lisa
Jandovick  at NIST that Becky Burr is the contact point on this
contract to which Jay refers to.  I found this odd as the NIST web
page states otherwise, http://www.nist.gov/admin/od/contract/9c1020.htm
After receiving this tid bit of information I sent Becky a E-Mail inquiring
if this was correct.  Thus far, I have heard nothing back, perhaps tomorrow.
So I would say that the plot thickens!!!

Michael Sondow wrote:

> Jay-
>
> This is all quite worrying. But what is more worrying is that, once the
> precedent of such unilateral actions is taken, they accelerate. There are
> other matters mentioned in the agenda of the teleconference that are
> operational, and one cannot resist posing the question whether the ICANN
> Interim Board now perceives itself as empowered to make decisions affecting
> the operation of the Internet, decisions proscribed, I repeat, proscribed
> until an elected Board is in place. This is especially worrying in the
> present context of new registrar "tests", as I have unsuccessfully tried to
> point out to Kent Crispin, Ellen Rony, et al. And please note that,
> according to Molly Van Houweling and, one must suppose, the present ICANN
> BoD, no membership decisions will yet have been made by the March meetings.
>
> The work of the Interim BoD is to set up the corporation, create a
> membership, and conduct elections. Nothing more. No tests with the Internet.
> No decisions about the DNS, the gTLDs, or the ccTLDs, decisions that MUST be
> left to a representative Board elected by a defined membership. No
> administrative decisions of any sort, beyond those necessary for the passing
> over of authority to a permanent ICANN. Any overstepping of these bounds is
> an invitation to disaster.
>
> As a footnote, I'd like to point out that, once a transition in authority
> between IANA and ICANN is authorized by the DOC, the newly-elected ICANN
> Board, or its appointed officers, will decide which if any effectives and
> services of the old IANA will be employed. That is what the creation of the
> NewCo is all about: autonomy from the previous administrative structures. No
> new contractual or other relationship with IANA, ISI, or its personnel can
> be permitted prior to the constitution of the ICANN membership and its
> elected Board under the letter of the White Paper and the ICANN's own
> bylaws, as this would obligate the constituted ICANN to continue former
> procedures, and restrict seriously its freedom of choice.
>
> There are some rules to this game. There are ICANN's own bylaws.
>
> Jay Fenello a écrit:
> >
> > At 1/26/99, 12:20 PM, Michael Sondow wrote:
> > >
> > >Esther Dyson, George Conrades, Mike Roberts, and the ICANN Board-
> > >
> > >The announcement on the ICANN website (reproduced below)
> > >indicates that this teleconference was of such importance to the
> > >Internet that, since it was apparently not public or recorded,
> > >the ICANN Interim Board is morally obligated to announce publicly
> > >its results and conclusions.
> > >
> > >The ICIIU calls on you, the ICANN Interim Board members, to
> > >supply a brief statement on the decisions you made on each of
> > >the conference's topics as listed below, so that the Internet
> > >community may know what you are doing, and what you are planning
> > >to do, to affect its future.
> >
> > Hello Michael,
> >
> > You have highlighted an apparent deviation
> > from the stated rules and procedures outlined
> > in the ICANN by-laws.  More comments below . . .
> >
> > <http://www.icann.org/calendar.html>
> > >..................................................................
> > >January 17, 1999 - Special Meeting
> > >
> > >The Initial Board of Directors of the Internet Corporation for
> > >Assigned Names and Numbers will conduct a special meeting via
> > >telephone on January 17, 1999, at 9:00 am U.S. East Coast time
> > >for the following purposes:
> > >
> > >-Discussion of the transition of authority for IANA functions
> > >to ICANN, ratification of necessary agreements with the
> > >University of Southern California, and authorization of
> > >proposals, negotiation, and agreements with the United States
> > >Department of Commerce regarding ICANN assumption of the IANA
> > >function.
> >
> > To discuss this?
> >
> > According to the documentation I've attached below,
> > this transfer appeared to have occurred before the
> > open ICANN meeting in Boston on November 14th.
> >
> > Then, in a conference call between ORSC and the
> > Commerce Department, Becky Burr said that Mike Robert
> > had mis-spoke.  That no transfer had occurred.
> >
> > Then, on January 4, 1999, NIST reported in a
> > Commerce Business Daily listing that the transfer
> > occurred on December 24th, 1998.
> >
> > Confused yet?
> >
> > My question is, shouldn't the board be involved in
> > making these decisions?
> >
> > If the board is not involved in these decisions, then
> > what authority does Mike Roberts have to expend funds
> > and to commit ICANN to contracts?
> >
> > >-Discussion of anticipated income and expenditures and
> > >authorization for Interim CEO to proceed with expenditures
> > >within the availability of funds.
> >
> > So, how can any of these decisions been made
> > *before* the board approved these powers, and
> > how can they be made without a 30 day, public
> > comment period?
> >
> > According to this time line, it would appear that
> > Mike Roberts made these decisions before he had
> > authorization from the ICANN Board to do so.
> >
> > At the DNSO meeting in Washington, Esther stated
> > that the ICANN Board will not bind ICANN, that
> > ICANN will.  Upon further questioning, she said
> > that implied that the Executive Officer would
> > bind ICANN, only after approval by the board.
> >
> > So what's going on here?
> >
> > Here is the supporting documentation:
> >
> > ==================================================
> >
> > On November 14, 1998, Mike Robert's said . . .
> >
> >         http://cyber.law.harvard.edu/icann/archive/transintro.html
> >
> > O'BRIEN & LEVINE COURT REPORTING SERVICES   28
> >
> > 18                 And so this is day six of work of week
> > 19      three of the corporate existence of ICANN.
> >
> > O'BRIEN & LEVINE COURT REPORTING SERVICES   29
> >
> > 2      I'm responsible now for a small company
> > 3      with a staff of five people, including myself.  My
> > 4      vice president is Ceta (phonetic) Winslow, who is
> > 5      here with us.  Ceta, why don't you stand up and
> > 6      let everybody see you in the back here.  She's
> > 7      responsible for -- she was John's invaluable
> > 8      assistant over the course of the summer in working
> > 9      through the process, and she's responsible for the
> > 10      day-to-day activities in Marina Del Ray where our
> > 11      administrative and technical headquarters are.
> > 12      And she's backed up by an extremely loyal and
> > 13      dedicated staff there composed of Joyce Reynolds
> > 14      and John Shelby and Suzanne Wall.
> >
> > O'BRIEN & LEVINE COURT REPORTING SERVICES   30
> >
> > 16                 my personal priorities working
> > 17      with the Board at the present time include
> > 18      completing the negotiation of the three major
> > 19      agreements that will have immediate contractual
> > 20      force for the company.
> >
> > O'BRIEN & LEVINE COURT REPORTING SERVICES   31
> >
> > 10                 And of course the third agreement is to
> > 11      take what we've stepped in and did without
> > 12      crossing T's and dotting I's with respect to the
> > 13      staff in (inaudible), and that is to complete an
> > 14      agreement with the University of Southern
> > 15      California for some of our administrative staff
> > 16      arrangements.
> >
> > =====================================================
> >
> > On Wednesday, November 25, 1998, Becky Burr told
> > the ORSC negotiating team that Mike Roberts had
> > mis-spoken, and that the IANA staff at ISI/USC
> > had *not* transferred to his supervision.
> >
> > =====================================================
> >
> > On January 4, 1999, the following appeared in the
> > Commerce Business Daily . . .
> >
> > >>INTERNET ASSIGNED NUMBERS AUTHORITY
> > >>Category : <D>  (Automatic Data Processing and Telecommunication Services)
> > >>Address  : National Institute of Standards & Technology, Acquisition &
> > >>           Assistance Div.,100 Bureau Drive Stop 3572, Bldg. 301, Rm B117,
> > >>           Gaithersburg, MD 20899-3572Sol. no. : 52SBNT9C1020
> > >>Contact  : Teresa A. Reefe, Contract Specialist (301) 975-6364 or Lisa K.
> > >>           Jandovitz, Contracting Officer (301) 975-6344Due : 18 Feb, 1999
> > <<snip>>
> > >>  On December 24, 1998, USC, entered a
> > >>  transition agreement under which ICANN acquired the expertise and
> > >>  resources to perform the IANA function described in the TNT contract.
> > >>  Pursuant to its agreement with USC, ICANN now possesses the unique
> > >>  attributes and characteristics specific to the IANA functional tasks.
> >
> > ============================================================
> >
> > Respectfully,
> >
> > Jay Fenello
> > President, Iperdome, Inc.
> > 404-943-0524  http://www.iperdome.com
> >
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Regards,

--
Jeffrey A. Williams
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