[registrars] [Fwd: [Lextext] Bret Fausett has a new post on Internet Pro Radio | icann.Blog]

[John Berryhill]

>The invitation was sent to the Registrars list as an invitation to
>Registrars.

And indeed, Bret has done a good job of making other such recordings of
ICANN GNSO proceedings and meetings available that he was specifically
requested by an invited registrar who was concerned about missing the call,
to make the recording in the event that registrar was not able to have its
representative attend, given the short notice of the event.

It was clear during the call that parties were beeping in and not
identifying themselves, hence there could be no reasonable expectation that
the call was not being overheard by any number of people who obtained the
call-in information from the list archive web page.  It was specifically
known by the audible prompts that there were such other parties.  It would
be downright surprising, given the way the announcement was made, that a
Verisign representative or agent was not on the call, for example.

With specific reference to Bret, however, he was acting as an agent for an
invited party and was thus included in the scope of the invitation.  In
fact, at one point during the recording of the call, you can hear Bret's
cellphone ring in response to a call to confirm that he was indeed recording
the call for a party who could not be present at the time.

I, for one, do not believe any confidential or proprietary information was
discussed during either call, that all parties conducted themselves
appropriately, and that by making the recordings available, Bret has done a
commendable volunteer service to the constituency.  Bret has made tremendous
personal sacrifices to participate in ICANN activities on such a basis in
the past, and I believe in this instance, as always, his intentions were
laudable - certainly more so than the person who was motivated to make an
allegation of criminal behavior against him and then hang up on him.  I
remind all California attorneys of their duties relative to knowledge of
such an accusation.

John Berryhill