Gordon,
As I said in my initial statement, (1) I don't think the birth of ICANN was
"legitimate" in the moral sense, whether or not it was legitimate legally,
but (2) I don't think that is an issue to be resolved. It is here, it is
functioning, it has the support of the strongest governments in the world,
any effort to stop it based on its illegitimacy would take years to resolve,
and meanwhile -- while this point about paternity was adjudicated -- bad
things would happen while our attention was focused elsewhere. Our attention
should be focused where it can do some good -- on what the organization is
doing now, and should be doing now.
As for individuals within the organization, my mistrust is not transitive.
There are of course things that the organization has done that I disagree
with, but I don't attribute all disagreement to moral causes. I have stated
my grounds for skepticism about Sims. And I have stated in one of the posts
I made to a question that I don't believe any single organization ought to
become a permanent, captured, supplier to ICANN. But in my dealings (few
though they may be) with the others in this zoo, I have not been given the
same reason to mistrust or question their integrity.
The past is not the future, though it is the reason to be concerned about
the future. I am eager to engage about how ICANN goes forward, for again, as
I have said, that is the only important test of its legitimacy. My "basis"
for going forward is not as the "loyal opposition" -- that is a waste of
time. My basis for going forward is to do whatever I can to get this
organization to live up to the values that you and I share, and to keep
itself restricted to the small domain that is its proper concern.
--
Lessig
Stanford Law School
Crown Quadrangle
559 Nathan Abbott Way
Stanford, CA 94305-8610
650.736.0999 (vx)
650.723.8440 (fx)
419.831.9295 (eFax)
<http://cyber.law.harvard.edu/lessig.html>
mailto:[EMAIL PROTECTED]
> From: Gordon Cook <[EMAIL PROTECTED]>
> Date: Sat, 16 Sep 2000 16:22:53 -0400
> To: [EMAIL PROTECTED], IFWP <[EMAIL PROTECTED]>, Domain Policy
> <[EMAIL PROTECTED]>
> Cc: [EMAIL PROTECTED]
> Subject: Re: Where Does Lessig Stand?
>
> Wow!
>
> You certainly stepped up to the plate and gave a mighty whack Larry!
>
> OK. So ICANN, born in sin, is reformable. An ambitious statement.
> I think it deserves to be destroyed but I will also acknowledge that
> the difficulty of doing that could be equal to the challenge of
> reforming it.
>
> So let's assume reform rather than destruction is the agenda. The
> question is obviously how. And for me personally before I could even
> begin to think of reform, I want some answers to its patrimony and
> presumed authority.
>
> What role does Sims still play? What about Touton? Is there a
> shadow cabinet lurking behind these men in formulating their
> strategy? If so who? Cerf? ISOC? WIPO? Where is the
> accountability in ICANN's actions? There is none that I can see.
> Roberts and Sims/Touton presume to run the Internet. And as you just
> pointed out they presume to do so on the actions of bad faith that
> torpedoed IFWP.
>
> So if you are going to reform ICANN, how are you going to do it?
> What will be the basis of your actions for dealing with Jones Day and
> with Roberts? And I might add Beckwith Burr. Power was handed these
> people from on high. We know neither the annoiters of these people
> nor their agenda. We do know that they DO NOT OPERATE IN GOOD FAITH.
> Dyson as long as she remains associated with ICANN also needs to be
> added to those who cannot be trusted.
>
> So how then are we to deal with them?
>
> What are the goals and the steps to be taken?
>
> How do you deal with people who are usurpers without legitimacy? Can
> you reform ICANN without dealing with these people? I don't think so!
> how can you reform without any grounds for trust?
>
> I am listening. You opened the door a crack. A flood of answers is due.
>
> If you disagree that legitimacy of these people needs to be settled
> before you set about reforming them, please explain in detail why.
>
> DAVID STEELE, PLEASE PUT LESSIG BACK IN BWG.
> --
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