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I don't share the "he's wreaking our multi-stakeholder-ism" that has
shown up in several excited posts to the list. Fadi's an employee
with some insight, and post-mortem reports are generally useful. As
I recall he incautiously said he'd fix the whois mess the first time
he spoke on the record as the Corporation's CEO/President. I expect
normal failings, and my expectations are, in this instance, met.<br>
<br>
(1) Is "agency capture" a mere hypothetical? I'd the impression that
VGRS was generally successful in its post-98 efforts to write the
rules it is obliged to follow, and their market share is ... not
greatly changed. Staff did a very nice analysis of Constituency
votes at the Paris meeting, capture is not a distant hypothetical. <br>
<br>
(2) If not California and its courts, then where? What could "the
project of globalization we all started" mean if it is the
alternative to some jurisdiction, say, the state the Corporation is
domiciled in? When we started IDN (courtesy of VGRS's march stealing
"testbed"), when we held meetings in just about every corner of the
globe (yes, I know, globes don't actually have corners), when we ...
at what point did this become leaving the legal certainty (and
comfort) of Hotel California?<br>
<br>
(3) Why on earth is allowing the existing IANA Functions Contract to
expire fatally fused with exiting California and fatally fused with
spilling all or some of the Corporation Board and ...<br>
<br>
Getting to a form of governance that works better than what we've
managed since '98 seems like a worth while goal. Trying to do that
by blindly jumping over not one, but three or more high hurdles,
simultaneously, is not likely to achieve that end.<br>
<br>
Eric Brunner-Williams<br>
Eugene, Oregon<br>
<br>
<br>
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cite="mid:CAK2bTy8iGGMZgEidJP3uBOjmMJK7Xs8hnsrudCD+cdebkSg3+Q@mail.gmail.com"
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<div style="font-size:13px">>><b>FADI CHEHADE</b>:
THANK YOU FOR ALLOWING ME AND ALL OF US TO COME AND TAKE
SOME TIME WITH YOU. I WANT TO LEAVE YOU WITH THREE
SUBSTANTIVE POINTS.</div>
<div style="font-size:13px"><br>
</div>
<div style="font-size:13px">THE FIRST ONE, WHATEVER WE DO,
MAKE YOUR KEY PRINCIPLE THE AVOIDANCE OF CAPTURE. IT IS
CRITICAL. IT IS HOW WE HOLD TO THE MULTISTAKEHOLDER MODEL.
IF WE ARE CAPTURED OR IF WE CREATE A MODEL THAT ALLOWS FOR
CAPTURE BY SPECIAL INTERESTS OR SPECIAL AGENDAS, IN MY
OPINION, THE ICANN WE WERE ALL HANDED WOULD HAVE BEEN
RUINED.</div>
<div style="font-size:13px"><br>
</div>
<div style="font-size:13px">TWO, WATCH CAREFULLY FOR
ACCOUNTABILITY MEASURES THAT REFOCUS AND ANCHOR ICANN IN THE
CALIFORNIA COURTS AS OPPOSED TO CONTINUING THE PROJECT OF
GLOBALIZATION WE ALL STARTED. WATCH FOR THAT.</div>
<div style="font-size:13px">IF ALL ROADS END THERE, THAT'S ONE
THING. BUT IF ALL ROADS START AT THE COURTS, WE HAVE A
PROBLEM. SO THIS IS THE DISTINCTION.</div>
<div style="font-size:13px"><br>
</div>
<div style="font-size:13px">ARE THE COURTS THE FINAL POINT OF
ENFORCEMENT OR ARE THEY THE FIRST POINT OF ENFORCEMENT? ASK
YOURSELF THIS QUESTION AS YOU WATCH THE VARIOUS MODELS. AND
THIS IS CRITICAL.</div>
<div style="font-size:13px"><br>
</div>
<div style="font-size:13px">THE GOOD NEWS IS OUR COMMUNITY
UNDERSTANDS THAT, AND I THINK MANY OF YOU GOVERNMENTS WHO
HAVE TALKED TO ME HAVE VOICED YOUR CONCERN WITH A CALIFORNIA
SYSTEM OR COURT SYSTEM BECOMING OUR FIRST RECOURSE.</div>
<div style="font-size:13px"><br>
</div>
<div style="font-size:13px">AND THE THIRD POINT I WANT TO
SHARE WITH YOU BEFORE I LEAVE IS NOT TO FORGET WHY WE'RE
DOING ALL OF THIS. I THINK IT WAS VERY CLEAR WHEN ALL THESE
GROUPS WERE CREATED THAT WE'RE TRYING TO MAKE A TRANSITION
WORK. THE QUESTION WAS ASKED WHEN THE U.S. GOVERNMENT IS NO
LONGER IN ITS STEWARDSHIP ROLE AS THE BACKSTOP OF THE
COMMUNITY, WHAT DO WE NEED TO DO TO REPLACE THAT? THAT WAS
THE QUESTION THAT WAS ASKED. AND, THEREFORE, AS THINGS GET
PILED ON, THE TEST YOU SHOULD USE IS IS THIS NECESSARY TO
REPLACE THE BACKSTOP ROLE OF THE U.S. GOVERNMENT?</div>
<div style="font-size:13px"><br>
</div>
<div style="font-size:13px">IF WE DON'T DO THAT, THEN WE WILL
WATCH OUR TRANSITION SLIP AWAY, SOMETHING THAT I THINK WOULD
BE A SHAME.</div>
<div style="font-size:13px"><br>
</div>
<div style="font-size:13px">WE WOULD LIKE ICANN TO BECOME AN
INDEPENDENT MULTISTAKEHOLDER ORGANIZATION. THIS IS THE
MOMENT.</div>
</div>
<br>
</div>
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