Joop Teernstra a �crit:
> 
> At 19:20 12/04/99 -0400, Michael Sondow wrote:
> > And if business
> >takes over the non-commercial constituency, as it seems the board or
> >Sims or someone wants to help facilitate by favoring ISOC the Janus,
> 
> Have you heard anything new?  What is happening there?

Announcements of the organizing efforts of both the ICIIU and ISOC
have been put on the ICANN website. This at least protects ICANN
from accusations of favoritism.

The position of the ICIIU on the question of a membership definition
of the NCDNHC is colored by the fact that there are various
constituencies available to most persons and entites involved in
this process, but that the ICIIU and like organizations have only
one: the NCDNHC. Thus we insist that no persons, organizations,
corporations, or associations of these, may be members of the
Non-Commercial Domain Name Holders Constituency if a significant
percentage of their funding comes from commercial sources, since
such entites and their funding sources are more than adequately
provided with other constituencies in which to affect the DNSO.

This means, for example, that no non-profit corporation, not even
one that is incorporated as a charity, may join the NCDNHC if its
funding comes from private companies organized for profit; for if
such a non-profit corporation were permitted membership in the
NCDNHC it could easily become a shield behind which its commercial
funding sources manipulated the NCDNHC and used its three seats on
the Names Council for votes favoring the commercial sector, rather
than the non-commercial one that was intended by the NCDNHC's
creation.

Under this definition ISOC, although incorporated as a non-profit
corporation, may not join the NCDNHC if a significant percentage of
its funding comes from private business and commercial enterprises.
It remains to be seen what are the funding sources of ISOC, or for
that matter the other entities adhering to the NCDNHC. It may be
necessary to require all associations that apply for membership in
the NCDNHC, the ICIIU included, to demonstrate that they are indeed
non-commercial, that their own constituents are either themselves
non-commercial or do not use monies gained in commerce to finance
the association, that the applicant association does not use the
Internet for profit, that no commerce is done by it through its
domain name, and that, as an association, its constituent members
are not engaging in commercial or profit-making activities through
their domain name and usage of the World Wide Web and the Internet.
For indeed ICANN itself could not join the NCDNHC so long as its
funding came from commercial corporations using the Internet for
profit.

Such a strict exclusionary definition of the NCDNHC is the necessary
consequence of naming and thus defining a constituency by economic
criteria, as has been done for not only the NCDNHC but the Business
Constituency as well. And while the ICIIU may not agree with this
method of construing the DNSO membership, we intend to adhere to it
and apply it strictly so that the commercial interests may not
dominate and control the DNSO totally. We believe that this was the
intention of the board when they provided this constituency for the
non-commercial Internet interests, and we intend to preserve it for
this purpose, even if this means taking a very firm stand on
admission to it for associations whose funding is unknown. And were
an association whose funding sources are commercial, or unknown and
in doubt, to apply for membership in the NCDNHC, the ICIIU would
refuse to allow it; and if that organization insisted, we would take
the matter to the highest instances of justice within the legal
jurisdiction of ICANN, ask the court to force the association
applying for membership in the NCDNHC to reveal the sources of its
funding, and, if its funding were found to be commercially derived,
to refuse it entry in the NCDNHC.

Such is the position of the ICIIU as regards the NCDNHC. Let anyone
who expects that the NCDNHC can be easily infiltrated by disguised
commercial interests be fore-warned that it is defended against
them. The ICIIU has legal assistance, and it will not permit
commercial interests to consume the NCDNHC.







> 
> Joop Teernstra
> [EMAIL PROTECTED]
> http://www.imachination.com

Reply via email to