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Re: [ga] Roessler Comments on Mission Paper


What's going on here is all too clear: ICANN and Joe Sims are hearing footprints.
This is a desperate attempt by ICANN to defend its very existence, and to that
end, it is even (after how many years?) seeking actual advice(!) on how it might get
itself re-structured so as not to fall into that well-known dust bin of history. But the
"restructure ICANN" route, rather than a full and complete replacement, has one
purpose, and one purpose only, and that is to protect the positions of the current
ICANN people. Even so, the animus (as correctly pointed out below) is so intense
that even when the back is against the wall, the cornered animal will strike out at
those who in fact may (misguidedly, in my opinion) be trying to help ICANN
rescue itself.  A well-intentioned suggestion that departs at all from the box within
which ICANN is thinking is maligned and shoved aside.

However, the object here is not to protect the jobs of ICANN people; the object is
(finally!) to get the Internet working right, and the history of ICANN proves beyond
any reasonable doubt that it is utterly incapable of carrying out that task. No amount
of restructuring and/or reform is going to change that fundamental fact.

Bill Lovell

Joe Sims wrote:
OF6AC51F98.131FF056-ON85256BC1.0080075F@jdrp.com">
Here is the whole string.


Joe Sims

----- Forwarded by Joe Sims/JonesDay on 05/22/02 07:17 PM -----

Joe Sims
Extension To: "Michael Froomkin - U.Miami School of Law"
Internal: 4-3863 <froomkin@law.miami.edu>
cc:
05/22/02 09:51 Subject: Re: [ga] Roessler Comments on Mission Paper(Document link:
AM Joe Sims)





Right. That makes it all clear.


Joe Sims




"Michael
Froomkin - To: Joe Sims <jsims@JonesDay.com>
U.Miami School cc:
of Law" Subject: Re: [ga ] Roessler Comments on Mission Paper
<froomkin@law.mi
ami.edu>


05/22/02 09:49
AM






Writing a 'mission statement' for the grand icann is a pointless exercise.
First you define the mission. Then you can write the statement.


On Wed, 22 May 2002, Joe Sims wrote:

Right.  Now I understand why this particular dialogue is private.


Joe Sims





                    "Michael

                    Froomkin -           To:     Joe Sims
<jsims@JonesDay.com>
                    U.Miami School       cc:

                    of Law"              Subject:     Re: [ga] Roessler
Comments on Mission Paper
                    <froomkin@law.mi

                    ami.edu>



                    05/22/02 09:47

                    AM







They are a definition of a narrow mission. That's a statement of what
the
mission should be.

On Wed, 22 May 2002, Joe Sims wrote:

excuse me?  is any of those a mission statement?  I understand that it
is
tough to keep the facts straight and maintain an unblemished record of
criticism, but you might try it sometime.


Joe Sims




                    "Michael
                    Froomkin -           To:     Joe Sims
<jsims@JonesDay.com>
                    U.Miami School       cc:
                    of Law"              Subject:     Re: [ga] Roessler
Comments on Mission Paper
                    <froomkin@law.mi
                    ami.edu>
                    05/22/02 09:30
                    AM



You've had Karl's, Randy Bush's, Mikki Barry's, and many others. I
have
decided not to put one in.  The personal animus against me is obviously
so
great - see for example Stuart Lynn's comments in Thailand - that there
seems no chance they would be taken seriously, and every chance that it
would be counter-productive.

As evidence of how ICANN treats those who disagree with it, I note that
ICANN has not posted Karl's paper online, or linked to it, although it
did
post many other less radical submissions to the review committee.

Furthermore, it's my belief that the committee appointed by ICANN is
packed with people who have a fairly closed mind on the subject. I
think
the chance of a fair hearing there is low.

Plus, I understand you control the agenda for the upcoming secret,
no-minutes Board meeting (excuse me, 'retreat') this weekend in which
you
will evangelize for your views.

In the circumstances, I will not be submitting a draft. I think I know
what you will decide, and unlike you I don't get paid several hundred
dollars per hour I spend on this.

PS. Do you bill for email too?

On Wed, 22 May 2002, Joe Sims wrote:

As usual, Michael, lots of talk and no action.  I await your draft.


Joe Sims
Jones Day Reavis & Pogue
51 Louisiana Avenue NW
Washington, D.C. 20001
Direct Phone: 1.202.879.3863
Direct Fax: 1.202.626.1747
Mobile Phone: 1.703.629.3963



                    "Michael
                    Froomkin -           To:     Joe Sims
<jsims@JonesDay.com>
                    U.Miami School       cc:     ga@dnso.org
                    of Law"              Subject:     Re: [ga]
Roessler
Comments on Mission Paper
                    <froomkin@law.mi
                    ami.edu>
                    05/22/02 09:15
                    AM



It's been done many times: you just don't like to admit it.

Writing a mission statement is easy when the mission is small. You
want
a
big client.  Your client wants to be big.  They ignore the contrary
voices, and you come along to shoot the wounded by saying they don't
exist.

On Wed, 22 May 2002, Joe Sims wrote:

While these are cogent comments, they do illustrate the difficulty
of
actually writing something called a "mission statement" that is
both
something more than a listing of specific acts that are permissible
(which
is certainly not a mission statement that would be useful on a
going
forward basis) and writing something less specific that is not
subject
to
the kind of word-smithing that Thomas has done.  I renew the
invitation
that ICANN has made for several months now:  If anyone thinks they
can
write a better mission statement, please do so.  There seem to be a
lot
more editors than authors in the ICANN population.


Joe Sims



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U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm
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--
Please visit http://www.icannwatch.org
A. Michael Froomkin | Professor of Law | froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm
-->It's hot here.<--





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The preceding e-mail message (including any attachments) contains
information that may be confidential, be protected by the attorney-client
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is i ntended to be conveyed only to the designated recipient(s). If you
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--
Please visit http://www.icannwatch.org
A. Michael Froomkin | Professor of Law | froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm
-->It's hot here.<--





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The preceding e-mail message (including any attachments) contains
information that may be confidential, be protected by the attorney-client
or other applicable privileges, or constitute non-public informati on. It
is intended to be conveyed only to the designated recipient(s). If you are
not an intended recipient of this message, please notify the sender by
replying to this message and then delete it from your system. Use,
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