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>>From MSNBC.COM!Brock.Meeks Tue Apr 27 02:47:42 1999
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>From: "Meeks, Brock" <[EMAIL PROTECTED]>
>To: 'Dave Crocker' <[EMAIL PROTECTED]>, [EMAIL PROTECTED]
>Cc: [EMAIL PROTECTED], [EMAIL PROTECTED], [EMAIL PROTECTED], wipo
>        <[EMAIL PROTECTED]>, Becky Burr <[EMAIL PROTECTED]>, 
>       [EMAIL PROTECTED], [EMAIL PROTECTED], 
>       [EMAIL PROTECTED], Esther Dyson <[EMAIL PROTECTED]>, 
>       Mike Roberts <[EMAIL PROTECTED]>, [EMAIL PROTECTED], 
>       "'[EMAIL PROTECTED]'" <[EMAIL PROTECTED]>
>Subject: RE: [IFWP] Re: Brock Meeks on Internet Governance
>Date: Mon, 26 Apr 1999 23:34:29 -0700
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>
>Give it up, Dave... Your revisionist thinking is dumbfounding.   I'd go
>through your insane rambling point by point, but frankly, I did with two
>years ago with Don Heath and it's a god damn waste of time.  You're pissing
>in the wind and have been for two years.
>
>On just your first "errors" message, IANA had DNS authority, that's true,
>but Postel had NO authority to take matters in his own hands and start this
>whole sordid process.
>
>I defy to show me the legal standing Postel had to wrench what was a fairly
>simple mandate into creating a global goverance for the Internet.  He had
>none.  
>
>Fact is, Postel, at the end, was beyond his means.  His ability to ride herd
>over the DNS was rapidly going to hell and he was grasping at straws.  And
>yet he refused to give up the power and instead tried to craft a future for
>himself a select group of cronies where there was no future.  
>
>And your fucking little pissant "error of fact No. 6" about how .mil and
>.edu weren't a part of the scheme-and I never said they were, but merely
>said the IHAC wanted to control how new domains were added to the those
>currently existing, which include .mil and .edu among the others.
>
>Oh, don't feed me this shit about how the closed meetings were preceeded by
>a grand "open process."  Big fucking deal.  That was all smoke and mirrors,
>window dressing for the god damn masses.  Those meeting behind closed doors
>ignored whatever they wanted to in the "open process" and rammed ahead with
>their own "best plans."
>
>Oh... did I offend with a bit of profanity?  Deal with it, frankly I could
>give a rat's ass.  You attack my credibilty as a reporter with clueless
>diatribe and it ticks me off.  
>
>Bah.  You want to indulge in a point by point pissing match, fine, you piss
>alone.
>
>               -----Original Message-----
>               From:   Dave Crocker [mailto:[EMAIL PROTECTED]]
>               Sent:   Monday, April 26, 1999 7:11 AM
>               To:     [EMAIL PROTECTED]
>               Cc:     [EMAIL PROTECTED]; [EMAIL PROTECTED];
>[EMAIL PROTECTED]; wipo; Becky Burr; [EMAIL PROTECTED];
>[EMAIL PROTECTED]; [EMAIL PROTECTED]; Esther Dyson; Mike
>Roberts; [EMAIL PROTECTED]; Meeks, Brock
>               Subject:        Re: [IFWP] Re: Brock Meeks on Internet
>Governance
>
>               At 11:52 PM 4/25/99 -0400, Jay Fenello wrote:
>               >This is fun ;-)
>
>               As always, it's unfortunate that you treat it as a game.
>
>               >While you are busy re-writing history,
>               >why don't you explain this interesting
>               >story from the Wall Street Journal.
>
>               And, of course, it is not in the least surprising that you
>choose to 
>               respond to a detailed analysis by a) making a blanket
>dismissal, and b) 
>               pointing elsewhere.
>
>               Bob-and-weave deception has been a tool in trade for those
>trying to create 
>               a pattern of delays through misinformation.
>
>
>
>               At 12:06 AM 4/26/99 -0400, Gordon Cook wrote:
>               >   crocker squirting clouds of ink to cover up and distort
>
>               Thank you for the respectful and professional tone.  It aids
>your cause 
>               enormously.
>
>               > >Fact error 3 and 4:  The IAHC committee operated under
>the auspices of IANA
>               > >and ISOC.  IANA had responsibility for DNS operations
>from its inception,
>               > >more than 10 years earlier, and ISOC provides the legal
>base for IETF
>               > >standards work.
>               >
>               >yeah but ISOC has not yet done this for ten years and all
>hands were not
>               >entirely comfortable with its doing it
>
>               sigh.  I should have known that totally precise language was
>going to be 
>               needed, since anything less gives an opportunity to take 
>               exception.  Indeed, ISOC has not existed for 10 years; I'm
>not sure but it 
>               is around 7 or 8, I think.
>
>               Gosh.  That really alters the nature of the distortions I
>was responding to 
>               a lot, doesn't it?
>
>               > >>has simply rushed in to fill the power vacuum on the
>Internet, which has,
>               > >>since inception, operated in a spirit of consensus and
>community.
>               > >
>               > >Fact error 5:  I've no idea what "power vacuum" is being
>cited.  The
>               > >committee operated under the authority of an existing
>'power' structure and
>               > >at all times acknowledged that structure's authority,
>claiming none for
>               > >itself, except as was delegated to it.
>               > >
>               > >I suppose that Brock might find a way to clarify his
>statement to make the
>               > >'fact' at least plausible.
>               >
>               >i'll tell you exactly what....the power vacuum was that the
>IANA powers had
>               >never been institutionalized....but they were carried
>around on the
>               >shoulders of jon postel whom some apparently thought
>immortal......
>               >certainmly no one DARED criticize jon for not sharing some
>of his power or
>               >even doing much thinking about the issue until it was too
>late
>               "institutionalized"?  not entirely sure what that means,
>since the 
>               negotiations between the IESG and IANA sure looked
>institutional (i.e., 
>               formal and process oriented) to me when I was an area
>director.
>
>               And that is the point:  To those developing and operating
>the Internet, 
>               things were plenty institutionalized.  To those outside it
>didn't.  Yes, 
>               that permitted a wedge for politicians to use to destabilize
>IANA's 
>               otherwise solid position.
>
>               > >>This cabal intends to control how and when new domain
>names will be added
>               > >>to the current list of .com, .org, .edu, .gov and .mil,
>and who gets the
>               > >>rights to act as a registry of those domain names.
>               > >
>               > >Fact error 6:  A small point, but it shows the continuing
>pattern of
>               > >carelessness.  .gov and .mil were not part of this topic.
>               >
>               >wrong....you misread what meeks writes.....gov and mil were
>in the name
>               >servers....he has what will be ADDED to the collection of
>names in the
>               >servers
>
>               IN that case, he left out the 100+ country code TLDs, and a
>few 
>               others.  Again, the gTLD effort pertained only to a subset
>of top-level 
>               domain names, and that includes a subset of NEW names.
>
>               > >Fact error 7:  The term cabal is an example of hyperbole
>that mostly shows
>               > >a failure to understand the process which took place.
>               >
>               >an error of hyperbole at best...fact no and one that many
>who are not apart
>               >of the MOUvement as you who have been its most faithful
>footsoldier for so
>               >long would willingly from their point of view agree....
>               >
>               >the MOUvement was a clique, a small group with a
>pledge....to play you had
>               >to sign the pledge....a grand total of three major american
>corps signed
>               >the pledge...
>
>               You say hyperbole error.  I said hyperbole error.  Sonds
>like we agree.
>
>               But, no, we can't have that, so...
>
>               Then you support the inflammatory term cabal by using
>another one, 
>               clique.  I don't have a dictionary around, but I suspect
>that the word is 
>               also applied incorrectly.  Most participants in the IAHC had
>never worked 
>               together before and many had never met before.  All were
>appointed by 
>               different organizations and needed to have the support of
>those 
>               organizations.  And it got that, in particular, from the
>signing by IANA 
>               and ISOC and INTA and WIPO and ITU (and please don't
>nit-pick about the 
>               nature of the ITU signing.)  Along with 220 additional
>organizations around 
>               the word.
>
>               That hardly counts as a "clique".
>
>                >Fact error 8:  Only one closed meeting was held in Geneva.
>The other was
>               > >open.  Another closed meeting was in San Jose and another
>in
>               > >D.C.  Obviously, that isn't the sort of error to worry
>about.
>               > >
>               > >The serious error is the failure to cite the extensive
>open discussions
>               > >held online during the entire process and the
>modifications to the proposal
>               > >that came directly from that process.
>               >
>               >of horseshit....yeah just like ican holds extensive open
>discussions with
>               >all their bullshit open committees after the power has been
>divided up in
>               >the smoke filled room with esther, mike and joe
>
>               sounds like the sour grapes of someone who is unhappy they
>aren't in that 
>               room, particularly since it is so dismissive of the very
>extensive public 
>               discussions that were held.
>
>               Of course, participation in the style that you are using to
>respond to me 
>               is rarely constructive...
>
>               > >>The group set up a U.N.-style international tribunal
>that operates under
>               > >
>               > >Fact error 9:  Perhaps there is a definition of
>"U.N.-style international
>               > >tribunal" that can be made to fit the POC/CORE structure
>that was
>               > >developed, but I doubt it.  At the least, the structure
>was not "between
>               > >nations" and that is what "international" means.  In
>other words, it was
>               > >quite pointedly not a treaty organization.
>               > >
>               >
>               >wrong again as tony rutkowskii has pointed out to you time
>and time again,
>               >but as any true believer you will never get it dave
>
>               Tony has made many false assertions of technical (and legal)
>fact, like 
>               this.  He never responds to serious challenges of his
>assertions, instead 
>               choosing to call such challenges "attacks".  Further, his
>assessments 
>               always run directly contrary to the opinions of other expert
>legal counsel 
>               that I and others talk with.  In fact, it is extremely rare
>to find a 
>               lawyer that agrees with him.
>
>               Nonetheless, I said that he is free to provide substantive
>explanation for 
>               the claim.
>
>               Rather than attack me why don't you do a little reportorial
>digging and 
>               produce that substance for his claim?
>
>               > >>the auspices of the International Telecommunications
>Union, which has
>               > >
>               > >Fact error 10:  Again, we could probably find that the
>usage of "auspices"
>               > >has some sort of plausible application, but it would only
>be a
>               > >technicality.  The ITU was very much a secondary issue to
>the development
>               > >and implementation of the POC/CORE structure.  Had the
>ITU chosen to be
>               > >uninvolved, it would not have affected any of the
>significant details one
>               > >bit, except that we would have held the two Geneva
>meetings elsewhere, I
>               > >suppose.
>               >
>               >yeah sure dave....itu just provided a mail box...nothing
>more
>               >guess that is why the secretray of ste got involved just to
>put ITU out of
>               >the mailbox business
>               She didn't.  You continue to ignore what precisely took
>place from the U.S. 
>               government and what precisely took place afterwards.
>
>               To repeat:  The U.S. government called for and participated
>in an ITU 
>               member review.  The member review UNANIMOUSLY supported the
>work that had 
>               been done.  The U.S. was part of the UNANIMOUS support.
>
>               Pesky things, facts.  They really do get in the way of a
>good conspiracy 
>               theory.
>
>               > >>But the group has garnered no consensus in the Internet
>community. During a
>               > >
>               > >Fact error 11:  As cited above, quite a few organizations
>formally
>               > >supported this activity.  In fact, the opponents were
>very few in number,
>               > >but very damn effective at lobbying the White House.
>               > >
>               >
>               >less see  vint cerf got MCI to sign
>               >
>               >mike odell brought UUNET on boar d   and strong rumor had
>it that MCI
>               >threatened DEC with cessation of all internet business if
>it didn't sign
>               >....those were the three american corporations among the
>fortune 500 who
>               >signed
>
>               Let's see.  I said that roughly 220 organizations signed and
>you do a bit 
>               of rumor-mongering about two or three of them.  Yes, that
>certainly does 
>               show a lack of support, Gordon...
>
>               > >>Anticipating the end of that monopoly, two influential
>groups decided that
>               > >
>               > >Fact error 12:  The effort was to CREATE the end of the
>monopoly, not
>               > >anticipate it.  The difference is significant.
>               > >
>               >
>               >wronmg.....it has always been about putting its opposing
>monopoly in place
>               NSI is an unregulated, for-profit monopoly.  CORE is a
>highly regulated, 
>               not-for-profit.  Those are not usually called monopolies,
>but in any event, 
>               the latter stages of discussion included the realization
>that multiple 
>               core-like groups were not unreasonable.
>
>               Pesky things, facts...
>
>               > >>The IANA operates under a loose charter from the U.S.
>government to act as
>               > >
>               > >Fact error 13:  Funding was from the US government;
>authority was from the
>               > >Internet technical and operations community.
>               >
>               >word of mouth solely
>
>               Well mostly, but even that isn't entirely true, since there
>is a bit of 
>               formal text, concerning its relationship with the IAB, as
>well as long 
>               history of "formal" interactions with the IETF.
>
>               But, gosh, no there is no congressional record of those
>interactions.
>
>               > >>These two groups put together the Internet International
>Ad Hoc Committee,
>               > >>which hunkered down for eight weeks with members of the
>ITU and World
>               > >>Intellectual Property Organization and hammered out the
>memo of
>               > >>understanding, a document that essentially sets up a
>global governance
>               > >>scheme for the future of the Internet.
>               > >
>               > >Fact error 13:  Something which explicitly acknowledges
>the established
>               > >authority of IANA over it and which is thoroughly
>constrained to gTLDs (not
>               > >even all TLDs) is hardly something that is setting up a
>global governance
>               > >scheme for the future of the Intenret.
>               >
>               >oh bullshit...the daer iana was effectively taking orders
>from heath hoping
>               >against hope at the time to get ISOC leability insurance to
>take cover under
>
>               Ahhh.  I see that you never really dealt with Postel,
>Gordon, or you would 
>               not be making such a silly claim.  For that matter, it is
>equally clear 
>               you've never really dealt with Heath...
>
>               But then, that's why you make the claim but don't
>substantiate it.
>
>               > >>However, those signatories come with a huge caveat: not
>a single
>               > >>government, save Albania, has signed on.
>               > >
>               > >Fact error 14:  It was originally thought that having
>governments sign
>               > >would be a good thing.  It was eventually realized that
>it would create
>               > >problems as was dropped as a goal.
>               > >
>               >  dates times places dave.....expost fact excuse
>here....chjange of plans to
>               >avoid huge embarrassment...meeks is dead right
>
>               I hope folks notice the nature of the dilemma this line of
>attack 
>               creates.  If the original proposal is put forward unchanged,
>then the 
>               effort is unresponsive.  If the proposal is changed
>according to feedback, 
>               then the changes are really to avoid huge embarrassment, or
>the like.  It 
>               couldn't possibly e that a constructive process took place,
>intending to, 
>               and making, changes according to public feedback.  Nope,
>can't have that.
>
>               Gosh, why would anyone be disinclined to participate in a
>public exchange 
>               conducted with this sort of attacking as its base?  I can't
>imagine how 
>               anyone interested in constructive dialogue would lose heart,
>and quickly.
>
>               > >>This process has drawn the ire of virtually everyone
>outside the small
>               > >>cabal of organizations that had a hand in drafting the
>document. The memo,
>               > >
>               > >Fact error 15:  The ire came from only a tiny group.
>Acceptance was quite
>               > >broad.  Take a look at the list of signatories.
>               >
>               >bulllshit   3 of the fortune 500 I am SOOOOOO impressed
>
>               Just a tad ethnocentric, Gordon.  Rather more dismissive of
>non-U.S. 
>               countries that is good form, these days.  And, speaking of
>ex post-facto, 
>               on-the-fly revisionism, where DID you get the Fortune 500 as
>a definitive 
>               criterion?
>
>               > >>Alas, none of us appreciated just how effectively a few,
>well-funded people
>               > >could lobby the White House, or how ignorant the White
>House was of actual
>               > >Internet operations, in spite of considerable effort to
>educate them.
>               >
>               >who was well funded????  you are getting sleazy here dave
>
>               NSI is well funded and hired damn good lobbyists.  So are a
>couple of large 
>               multi-national companies (they are part of that much vaunted
>Fortune 500) 
>               whose lobbyists were quite active in discussions with the
>White House.  I'm 
>               not documenting it further because THEY didn't document it
>further.  Given 
>               the rumor-mongering that Gordon is willing to indulge in, my
>relying on 
>               second-hand and undocumented, but consistent, reports,
>hardly counts as 
>               unusual.
>
>               > >>"although without the stature of a treaty because it can
>be signed by
>               > >>parties other than sovereign states, is clearly an
>intergovernmental
>               > >>agreement that possesses significant binding force and
>effect... as public
>               > >>international law," writes Tony Rutkowski, former
>executive director of 
>               > ISOC.
>               > >
>               > >Fact error 16:  As usual, Tony's pronouncements about
>such things are just
>               > >plain wrong.  There is nothing about the MoU which is
>               > >intergovernmental.  Tony is welcome to provide details to
>substantiate his
>               > >claim, but it is worth noting that he is consistent in
>failing to do so.
>               >
>               >you are a liar....... I have watched him do time and time
>and time
>               >again....tell the big lie often enough and people will
>believe
>
>               Right.  That's exactly what I said.  Tony repeats big lies
>and people have 
>               come to believe them.  Hold those lies up to any detailed
>analysis and they 
>               don't survive.
>
>               So, rather than calling me a liar, Gordon, do the
>reportorial work that is 
>               supposed to be your job, and obtain all that substantive
>supporting 
>               information you feel is readily available.  Others have
>tried to get it 
>               from Tony, without success.
>
>               > >>Remember, IANA and ISOC have absolutely no formal
>authority to proceed with
>               > >
>               > >Fact error 3 and 4, repeated:  Remember, IANA had 10
>years of operational
>               > >precedence and ISOC has formal arrangements with the
>IETF, under which IANA
>               > >operates.
>               > >
>               > >>this process -- they just decided to "do it."
>               >
>               >but no specific authority I suppose because jon postrel was
>the one person
>               >in the net who didn't need it
>
>               Nicely ignores that a number of additional organizations
>participated.  So 
>               much easier just to make a personal attack.
>
>               In any event, "specific authority"?  What does that mean?
>IANA 
>               administered the DNS and always had.  It pursued further
>administration, as 
>               it always had.
>
>               > >Fact error 17:  The cable called for a review of the
>process; it formally
>               > >and explicitly took no stand.  The U.S. government
>repeated that statement
>               > >of "no position" during the open Geneva meeting.
>               > >
>               >
>               >wrong....did it or did it not >>upbraiding the ITU
>secretary general for
>               >calling such a meeting "without
>               > >>authorization of the member governments."
>
>               It questioned it and called for a review.  The U.S.
>government then 
>               participated in the review and the UNANIMOUS vote of
>support.  I notice 
>               that you chose to ignore that portion of my previous note.
>
>               So, Gordon, NOT wrong.
>
>               > >Fact error 18:  Technical experts are in agreement that
>we don't know what
>               > >the limit is but that things are probably safe up to
>about 2,000 top-level
>               > >domains and very possibly might be unsafe above that.
>               >
>               >2000 versus unlimited.....evenb garin only asked for 500
>picky picky
>
>               The primary technical lesson from the Internet is about
>"scaling".  That 
>               is, attending to questions about growing an effort.  It is
>easy to say that 
>               2,000 is a large number so what the heck, let's just dive in
>and not 
>               worry.  That isn't the way professional operations efforts
>work.
>
>               You also chose to ignore my statement that some experts are
>concerned about 
>               operational impact at 500.  That doesn't mean it won't work,
>but that we 
>               need to approach it carefully.
>
>               It is always easy to conduct a paper exercise that results
>in a feeling of 
>               comfort with charging ahead without concern for real impact.
>It is another 
>               thing to take a responsible approach to such changes.
>
>               Again, I note that your response ignored that detail I
>supplied in my 
>               previous note.
>
>               > >>Further, "During the challenge period, your Internet
>address can be
>               > >>suspended," Sernovitz says. "If you lose a case - you
>will have lost your
>               > >>rights forever. There is no appeals process and there is
>no one to sue."
>               > >
>               > >Fact error 25:  preemptive suspension (like an
>injunction) was a very, very
>               > >constrained tool, not nearly as available as the
>quotation implies.
>               >
>               >an we are supposed to belive hoset abe, uuh I mean honest
>dave just cause
>               >he says so.
>
>               No, you are supposed to look at source material, carefully,
>and believe 
>               it.  But I suppose that is too much work to do.
>
>               > >>The cabal is moving this process forward on a fast
>track, claiming that
>               > >>action must be taken quickly to keep the Internet from
>folding in on
>               > >>itself. This hurry-up stance goes against the entire
>culture of the
>               > >>Internet and is yet another reason why critics claim the
>memo is simply a
>               > >>power grab.
>               > >
>               > >Fact error 26:  The activity came after two years of
>community discussion
>               > >and was pursued under pressure from the community that
>held those
>               > >discussions.  It was perceived as "sudden" only by those
>who had no
>               > >awareness of the prior work.
>               >
>               >no it was a work by a group that never succeeded in gaining
>consensus and
>               >heath recently admited as much
>
>               The topic was about urgency and history.  Is there some
>reason you are 
>               ignoring them and choosing to introduce a different line of
>attack?
>
>               > >So, the detailed review suggests that I should have
>qualified my statement
>               > >to say that all of the "significant" assertions of fact
>were incorrect.  Of
>               > >a total of 30, or so, a few minor assertions were
>correct.
>               > >
>               > >That's not a reporting record to be proud of, or even to
>defend, much less
>               > >to get offensive about.
>               >
>               >spoken like a true ICANN propaganda minister d ave
>
>               Spoken like a true creator of personal attacks, Gordon.  I
>didn't think 
>               that was what you claimed to do as a professional, but then
>that's why I 
>               suggest people read your interviews, not your analyses.
>
>               d/
>
>       
>=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
>               Dave Crocker                                         Tel: +1
>408 246 8253
>               Brandenburg Consulting                               Fax: +1
>408 273 6464
>               675 Spruce Drive
><http://www.brandenburg.com>
>               Sunnyvale, CA 94086 USA
><mailto:[EMAIL PROTECTED]>
>
--
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"Those who give up a little freedom for a little security
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               --Thomas Jefferson

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