Jonathan and all,

  None of this implies, or reflects on if that ICANN has the right to set
Policy on what Domains can be registered and under what
conditions, how many or what gTLD's can be added, and in what
manner, what sort of arrangement for registry functionality is
reasonable (Other than technical), and how many, and under what
conditions those potential registries must operate (Other than technical).
In other words, legal or social issues are NOT within the purview
of the ICANN what so ever.

  The next problem that has been commented upon widely and from
many different angles is the lack of proper PUBLIC and/or Stakeholder
oversight and participation in the decision making of how, what, when,
where, whom and under what constraints/conditions the ICANN can
make any decisions, technical or otherwise.  This seems to me where
we are now, and have been going around in circles on for some time now.

  I realize that these comments of mine are likely an over generalization,
but they are none the less true and have a huge impact on the stakeholder
community now, our, and the worlds economy now, and  and even a greater
one in the future...

Jonathan Zittrain wrote:

Jay,

I'm simply suggesting that any organization in ICANN's position is going to
have it tough.  The white paper, as I read it, calls for a private
non-profit organization to manage the old IANA root.  ICANN has been
designated by the gov't to be that "newco," and there's a path by which
whatever authority the gov't had to manage the root--which I understand
some on this list dispute--is slowly handed over to ICANN as the gov't
deems it meeting various milestones.  This is a form of authority wholly
independent of the question of whether you think it's been earned--or is
being abused.

And you can count me out for managing the old IANA root.  I wouldn't touch
it with a ten foot pole!  ...JZ

At 05:41 PM 7/3/99 , Jay Fenello wrote:
>Sorry Jonathan,
>
>Neither you, nor the Berkman Center, nor ICANN
>have any *legitimate* claim to manage the old
>IANA root.
>
>The last authoritative, community-based consensus
>on that question was the White Paper, which ICANN
>has ignored since its inception.
>
>
>Respectfully,
>
>Jay Fenello
>President, Iperdome, Inc.    404-943-0524
>-----------------------------------------------
>What's your .per(sm)?   http://www.iperdome.com

Jon Zittrain
Executive Director, Berkman Center for Internet & Society at Harvard Law School
http://cyber.law.harvard.edu
[EMAIL PROTECTED]

Regards,

--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
 

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