[wg-review] constituencies, 1 and governance

[Eric Dierker <ERIC@HI-TEK.COM>]

Mr. Crispin,

Thank you for your recent post correcting my erroneous assumptions.
One of the factors I like most about the long time participants in ICANN
such as your self, is your use of definitions.  You seem quite content
to define a duck as a horse.  As the following shows ICANN is a
governance regardless of what label you have seen fit to give it.

The U.S. Government turned over it's governmental authority to ICANN.
ICANN no matter what you call it is now in the business of governing.

The notice provisions are to the public at large, they contain due
process and are set forth to "the Internet Community as a whole".

By calling this Governing body a Corporation and thereby invocating the
theories of no representation you violate the body of text known as by
laws and Articles.

I hate to burst your bubble but you can't ride a duck just because you
call it a horse.

Sincerely,

The Internet Corporation for Assigned Names and Numbers (ICANN) is the
non-profit corporation that was formed to assume responsibility for the
IP address
    space allocation, protocol parameter assignment, domain name system
management, and root server system management functions previously
performed under
    U.S. Government contract by IANA and other entities.

    The Board of ICANN is composed of nineteen Directors: nine At-Large
Directors, nine selected by ICANN's three supporting organizations, and
the President/CEO
    (ex officio). Five of the current At-Large Directors were selected
according to a vote of Internet users worldwide.

4. The Corporation shall operate for the benefit of the Internet
community as a whole, carrying out its activities in conformity with
relevant principles of international
law and applicable international conventions and local law and, to the
extent appropriate and consistent with these Articles and its Bylaws,
through open and
transparent processes that enable competition and open entry in
Internet-related markets. To this effect, the Corporation shall
cooperate as appropriate with relevant
international organizations.

Section 3. NOTICE AND COMMENT PROVISIONS

    (a) The Board shall post on the Web Site (i) periodically a calendar
of scheduled meetings for the upcoming year, and (ii) in advance of
    each Board meeting, a notice of the fact and time that such meeting
will be held and, to the extent known, an agenda for the meeting. If
    reasonably practicable, the Board shall post notices of special
meetings of the Board at least fourteen (14) days prior to the meetings.

    (b) With respect to any policies that are being considered by the
Board for adoption that substantially affect the operation of the
Internet
    or third parties, including the imposition of any fees or charges,
the Board will:

    (i) provide public notice on the Web Site explaining what policies
are being considered for adoption and why;

    (ii) provide a reasonable opportunity for parties to comment on the
adoption of the proposed policies, to see the comments of others,
    and to reply to those comments; and

    (iii) hold a public forum at which the proposed policy would be
discussed.

    (c) After voting on any policy subject to Section 3(b) of this
Article, the Board will publish in the meeting minutes the reasons for
any
    action taken, the vote of each Director voting on the action, and
the separate statement of any Director desiring publication of such a
    statement.

    (d) As appropriate, the Corporation will facilitate the translation
of final published documents into various appropriate languages.

    Section 4. RECONSIDERATION AND REVIEW

    (a) Any person affected by an action of the Corporation may request
review or reconsideration of that action by the Board. The Board
    shall adopt policies and procedures governing such review or
reconsideration, which may include threshold standards or other
    requirements to protect against frivolous or non-substantive use of
the reconsideration process.

    (b) The Initial Board shall, following solicitation of input from
the Advisory Committee on Independent Review and other interested
parties
    and consideration of all such suggestions, adopt policies and
procedures for independent third-party review of Board actions alleged
by
    an affected party to have violated the Corporation's articles of
incorporation or bylaws.



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