Re: [ga] General Counsel vs. DNSO

[Jeff Williams <jwkckid1@ix.netcom.com>]

Danny and all assembly members,

 First let me thank you Danny for adding your voice to the replacement
of the ICANN legal Council, as belated as it may be...

DannyYounger@cs.com wrote:

> Has General Counsel now usurped the role of the DNSO as a policy advisory?

  No, not really.  I think that Louis is just putting forth his advice as legal
council on the WLS issue.  That should be expected.  What is troubling
is that in part, Louis made some factual errors in that advice that Thomas
rightly pointed out, ad did others...  Hence it shows that Louis is
not following close enough to provide good advice to the BoD and
therefore again has shown that perhaps he needs to be replaced.

>
> Is this second "analysis" that has been put forth strictly in keeping with
> the role of a legal counsel, or has it "crossed the line" to the detriment of
> the DNSO?

  I think the former is true.

> What legal issues are implicated now that weren't already present
> after the first such analysis that mandated this new "analysis" from Counsel?
>  I don't see any.

  Perhaps you didn't read George's post on the potential legal implications.
One could be Restraint of trade for instance.

>
>
> All I see is a blatant attempt on the part of Staff to unduly influence the
> Board to take a position at odds with the consensus view of the community.

  Agreed here.  However I don't think that the term "Blatant" is accurate...

>
> This raises the question:  of what value is the DNSO if all policy decisions
> will be made by General Counsel only to be rubber-stamped by the Board?

  Very good question here.  As we have seen in the past with similar
policy issues and decisions, it seems obvious that the ICANN BoD
as Karl has repeatedly pointed out, that the ICANN BOD and staff
only pay attention to those that Parrot what they desire in the first
place.  That to me seems perilously arrogant and leads to poor
policy making and decisions.

> Has
> Louis Touton become the de facto Monarch of ICANN with his decisions alone
> subject to ratification by a compliant House of Lords?

  I think the "House of Lords" characterization is a bit extreme, but your point
is still well taken I believe.

>
>
> Allow me to add my voice to those calling for the replacement of ICANN's
> legal counsel.
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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