[lac-discuss-es] RV: [lac-discuss-en] [IANA-issues] Fwd: Re: CCWG Statement v07 as requested.
Hola,
aquí hay una muestra de alguna de las discusiones sobre la transición en la
supervisión de IANA. En ella vemos expresiones de un miembro de LACRALO y
oposición a ellas. Sirva para información.
N.B. Es posible que la traducción vuelva ilegible el texto, cargado de
insinuaciones y descalificaciones difusas, al que con gentileza y precisión se
refiere el Sr. Wilkinson en su respuesta.
Alejandro Pisanty
- - - - - - - - - - - - - - - - - - - - - - - - - - -
Dr. Alejandro Pisanty
Facultad de Química UNAM
Av. Universidad 3000, 04510 Mexico DF Mexico
+52-1-5541444475 FROM ABROAD
+525541444475 DESDE MÉXICO SMS +525541444475
Blog: http://pisanty.blogspot.com
LinkedIn: http://www.linkedin.com/in/pisanty
Unete al grupo UNAM en LinkedIn,
http://www.linkedin.com/e/gis/22285/4A106C0C8614
Twitter: http://twitter.com/apisanty
---->> Unete a ISOC Mexico, http://www.isoc.org
. . . . . . . . . . . . . . . .
________________________________
Desde: lac-discuss-en-bounces@xxxxxxxxxxxxxxxxxxxxxxx
[lac-discuss-en-bounces@xxxxxxxxxxxxxxxxxxxxxxx] en nombre de CW Mail
[mail@xxxxxxxxxxxxxxxxxxxxxxx]
Enviado el: sábado, 05 de septiembre de 2015 14:01
Hasta: Alan Greenberg
CC: IANA Issues; lac-discuss-en@xxxxxxxxxxxxxxxxxxxxxxx
Asunto: Re: [lac-discuss-en] [IANA-issues] Fwd: Re: CCWG Statement v07 as
requested.
Alan, Carlton:
1. Regarding the removal of Directors, (a) SOs and ACs _appointed_ their
Directors in the first place. So, who is responsible for the Directors that
they have got?
(b) NomCom appoints _independent_ Directors. My comments on this have already
been posted. The whole point of having independent Directors is to create a
check and balance in the Board.
If any SO can initiate (even threaten to initiate) removal, what hope for the
internal checks and balances?
2. Regarding Competition and other Regulatory matters, I read somewhere in
section 3 that competition would rely on market mechanisms. That is ludicrous
in this market.
The whole point of regulatory responsibilities for competition is to address
issues which are NOT resolved by market mechanisms, and there ARE some.
Of course there are other regulatory issues that ICANN has failed to address
recently. e.g. .XYZ, .SUCKS, .VIN etc.)
Regards
CW
PS: I find it increasingly difficult to handle the volume of all this stuff.
How to cross reference the CWG report, the CCWG report the At Large report, the
Board and Jones Day. Impossible.
PPS: I read the Sidley proposals for Fundamental Bylaws. Those would make it
impossible for the Board to demur from the SOs in the event of GAC contrary
advice. I believe that to be deliberate.
I note that several GAC members have already perceived that game being played
behind their backs.
On 05 Sep 2015, at 19:17, Carlton Samuels
<carlton.samuels@xxxxxxxxx<mailto:carlton.samuels@xxxxxxxxx>> wrote:
Language really does matter.
So, I agree with most of the edits. But I so too would have liked to see more
forceful language use in the ALAC's responses, especially in regard to the
Section 3: Principles. And then, I also have philosophical differences with
elements that the ALAC seems to be endorsing.
Regarding Para 154 et. al., we should be bold and write the language we would
have liked to see. I have learned from experience that you must always take
care to write your own self explicitly in organisational principles. For
Luddites and fellow travelers are forever with us and they tend to dumb down on
principles.
Regarding Para 199, again, let's rubbish this exercise in sophistry. Sweet
bleeding Christ, what chutzpah! The writer here actually says that decisions
about the DNS have ALWAYS and must remain 'neutral and judgment free'!. In
what universe? Call it what it is, a squalid lie.
Para 218 again is a deviant operation lurking in plain sight, party to a
neo-liberal political economy that enables a standing bit of ICANN tom foolery;
ICANN is not a regulator. Its like the cuckoo; lay your eggs in some other poor
bird's nest and let 'em feed and groom your big ass chick, they dumb enough not
to recognize a bastard. ICANN really wants to remain care-free from what
happens in the market it created, that it imposes obligations for to all of
us, sustains in many ways yet wishes to remove itself from the duty of care
from the aftermath. This position must be rejected for cause.
As it relates to Section 7, this is where I differ philosophically from the
trending ALAC position. However, you might wish to revisit this business of
having directors lockboxing certain rights in lieu of appointment.
We still have the law - and the case law - of the State of California to
contend with. Now, for a corporate entity domiciled in California and subject
to California and U.S laws, libel, slander and defamation are not the same in
law as say the UK or even Jamaica. But certainly the question of how much of
'coercive' you can get done before you impinge on a constitutional right is now
live. The thing is one cannot sign away a constitutional right, even if you're
ignorant. Plus we are still a long way away from figuring out what is the
makeup of 'statutory and fiduciary responsibilities' imposed by California law
on directors. The law there does not suppose they be lapdogs.
Finally, while I generally support Sebastien's Minority Statement, his
alternative proposal to removal of only 7 members of the Board during a given
year is also not much more desirable.
Quite apart from the prospect of reducing directors to lapdogs, I do not think
you can edit out the tenets of natural justice to which each director is born
much less to coerce one to give up one's constitutional rights in lieu of a
Board seat. There is something malodorous about that concept so I would reject
that on principle.
It is far better to have a framework with a third of the Board is subject to
natural renewal at a frequency less than the natural appointment duration of
each board member - say every 2 years - than invoke a process that might
actually take more years to complete.
Best,
-Carlton
==============================
Carlton A Samuels
Mobile: 876-818-1799
Strategy, Planning, Governance, Assessment & Turnaround
=============================
On Fri, Sep 4, 2015 at 2:01 PM, Alan Greenberg
<alan.greenberg@xxxxxxxxx<mailto:alan.greenberg@xxxxxxxxx>> wrote:
Sebastien has sent in the following comments. If anyone has any support or
concerns, please let us know, preferably on the wiki.
Alan
Date: Fri, 4 Sep 2015 20:30:27 +0200
Subject: Re: CCWG Statement v07 as requested.
From: Sébastien Bachollet
<sebastien@xxxxxxxxxxxxx<mailto:sebastien@xxxxxxxxxxxxx>>
To: Alan Greenberg <alan.greenberg@xxxxxxxxx<mailto:alan.greenberg@xxxxxxxxx>>
Thanks Alan,
Please find attached the V7-Clean with my comments, questions, proposals
and changes.
If you have any questionS
All the best
Sébastien Bachollet
+33 6 07 66 89 33<tel:%2B33%206%2007%2066%2089%2033>
Blog: http://sebastien.bachollet.fr/
Mail: Sébastien Bachollet
<sebastien@xxxxxxxxxxxxx<mailto:sebastien@xxxxxxxxxxxxx>>
Le 04/09/2015 18:54, « Alan Greenberg »
<alan.greenberg@xxxxxxxxx<mailto:alan.greenberg@xxxxxxxxx>> a écrit
:
>
_______________________________________________