Mikki Barry <[EMAIL PROTECTED]> wrote:
Kerry responding to
Ronda,
>>> The Committee on Science subcommittee on BASIC Research hearing on
>>> March 31 [1998] had some statement to the effect that the U.S. Govt
>>> officials couldn't set up a corporation like the FCC-Schools and
>>> Libraries Corporation.
>>
>>> That this was in violation of the Government Corporation Control Act.
>>
>>> Were the Green and White paper issued to try to go around that law?
>>
>> You have to go by 'the letter of the law.' It doesnt say USG cant
>>simply give assets to a private corp, only that it cant *create* the
>>corp to give them to. Conflict? What conflict?
>Doesn't that take Congressional approval?
It's not quite an issue of Congressional approval.
The USG can't simply give assets to a private corp. And it can't create
the corporation to give the assets to.
The law passed by Congress in 1945 was passed to make such corporations
accountable to Congress for their operations...
There are laws regarding what the U.S. Dept of Commerce is doing
that seems to forbid what they are doing. And it is an issue
for Congress to examine and figure out what to do about it all.
So it is strange that in the hearing at the House of Representatives
Committee on Science, subcommittee on Basic Research a Congressman
just asked Becky Burr if she needed legislation.
The history of the law/s involving this is that the Executive Branch
of the U.S. government was constantly trying to create quasi-government
corporations with little accountability. The corporations had
little congressional or executive branch supervision and few fiscal
controls, and other problems.
The Congress recognized the need to establish "over-all public control"
over what was happening.
So it seems that the effort to create so called "private corporations"
like ICANN is a common practice of the U.S. Executive as a way
to go around the obligations of the law and the constitution and
that this problem has been recognized and dealt with in the past.
I found the GAO opinion in the FCC Schools and Libraries Corporation
issue and it seems to shed quite a bit of light on how in fact
ICANN is a U.S. government created corporation and is in violation
of laws forbidding the U.S. Executive to create such corporations
as the U.S. Dept of Commerce has created ICANN.
The GAO opinion is B-278820.
Ronda
[EMAIL PROTECTED]
Netizens: On the History and Impact
of Usenet and the Internet
http://www.columbia.edu/~hauben/netbook/
in print edition ISBN 0-8186-7706-6
