[CCWG-ACCT] Deck for Meeting #75 Mission Statement discussion

Dr Eberhard W Lisse epilisse at gmail.com
Sat Jan 16 09:16:26 UTC 2016

Dear Co-Chairs,

quoting without reference to the author makes it difficult to look for the complete message for the context, even I remember Becky's post.

But Eric is probably wrong, even if this academic anyway.

RFC 1591 is VERY clear on substantial misbehavior, probably only during the application phase, but most certainly also during tue application phase (as interpreted by the FoI Principles).

Never mind that i would be surprised that misrepresentations during the application could not be sanctioned after delegation (in the agreement) ICANN could use, in my view, RFC 1591 before execution of the agreement.

As far as unintended consequences go, the first part of the footnote, if correct, would require an Act of Congress to dispose of it under the Property Clause of the US Constitution. 

I have asked the question of property, ownership and disposal before, and so does the Junior Senator for Alberta (a sort of contemporary joke by the voters of Texas).

Sent from Dr Lisse's iPad mini 4

On 16 Jan 2016, at 04:26, Eric (Maule) Brunner-Williams <ebw at abenaki.wabanaki.net> wrote:

>> I don?t understand how enforcing that the registry licensing requirement
>> is (in and of itself) UNLESS you say that the delegation (community
>> preference) was made on the basis of that commitment, and enforcing the
>> commitments underlying the delegation decision is an inherent requirement
>> of the policy itself. I?m grasping for a principle here.
> I think your UNLESS branch is correct. Absent post-delegation enforcement,
> there is no cost for pre-delegation misrepresentation, and I suggest that
> were access to the IANA zone file to be misrepresentation-cost-free that
> the consequences could be abrupt.
> The principle is that access to the IANA zone(*) is conditional upon conduct,
> not entirely determined by mere fee alone.
> Eric Brunner-Williams
> Eugene, Oregon
> (*) currently property of the United States, a sort of contemporary Oregon
> joke for the US nationals on the list.

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