Re: [ga] ICANN benefits

[Kent Crispin <kent@songbird.com>]

On Fri, Apr 06, 2001 at 11:38:07PM -0700, Eric Dierker wrote:
> Hi Kent, You are a great guy but I am afraid you have been misled.

I'm happy to inform you that your fears are groundless :-)

> > No, this is not correct.  ICANN does not have that authority.  ICANN
> > can only implement what are explicitly described in the NSI contract as
> > "consensus policies", and there are a strict set of standards defining
> > what "consensus policies" are.
> >
> 
> When do they have the authority and when to they not.  You are way off the mark
> the NSI contract with ICANN places NSI and I think you mean Versign, as a
> Subcontractor.  The only and I mean ONLY contract that ICANN has to comply with is
> their DoC contract

Hard to know what you mean precisely by "comply", but basically, your statement 
is nonsense.  Contracts are contracts; ICANN is bound by many contracts.

One always has the option of not complying with the terms of any
contract, but of course, you run the associated risks.  For example,
ICANN doesn't have to comply with their rental agreement for office
space, but if they don't, they could get evicted.  In other words, ICANN
is bound to comply with contracts just like everybody else is so bound;
there are lots of contracts that bind ICANN besides the DOC contract.

> that is the only right and power ICANN has and it is revocable
> at the "convenience" of the USG. Maybe you mean the IANA replacment contract or
> the contract with the DoC or USG.

In the case at point the contracts of interest are the NSI agreement 
and the registrar accreditation agreement.  Both of these have a fairly 
strong definition of the term "consensus policy".

[...]

-- 
Kent Crispin                               "Be good, and you will be
kent@songbird.com                           lonesome." -- Mark Twain
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