Hi Michael,
I've recently come to realize that our legal
system is either broken, or it just can't keep
up with the changes in our society.
In ICANN, we have the world's first, global
governance body, established by a world-wide
process conducted by the U.S. Department of
Commerce. And virtually everything about it
is embroiled in controversy.
Why?
Because virtually everything about it seems
to be Gamed. Fixed. somehow Dishonest.
Now, I don't says these things to get anyone in
trouble. I say them to highlight a problem that
*must* be fixed. (I feel so strongly about this,
I even suggest amnesty for anyone involved in any
of these activities.) The more important point
is, we must fix our problems.
And I'm not just talking about ICANN . . .
ICANN has shown us how our Government can lie to
its people. How its investigative arms and legal
machinations can fail to serve their purpose.
ICANN has shown us how our Government really
works, in secret committees, and in collusion
with the other governments, large corporations,
and the press.
ICANN has shown us how our most prestigious
universities and non-profit foundations, can
be a part of the problem, as easily as a part
of the solution.
Worst of all, ICANN has shown us that these
excesses are commonplace and protected, so
much so that only a handful seem to even care.
One of the unique aspects of the U.S. Constitution,
is its recognition of Divine Law, that which we all
know as true in the heart of our souls. It's the
law that all legitimate human laws try to emulate.
What our founding fathers knew, we have forgotten.
And it's time to remember.
Jay.
At 12:59 AM 10/28/00, Michael Sondow wrote:
>In his most recent article (Duke Law Journal 50:17, and available at
>http://personal.law.miami.edu/~froomkin), Mr. Froomkin writes that
>the creation of ICANN did not violate federal laws and specifically
>was not in violation of the Government Corporation Control Act
>(GCCA). Mr. Froomkin writes:
>
>"Any participation by the federal
>government in ICANN�s formation beyond general cheerleading
>would probably have violated the Government Corporation Control
>Act (GCCA). However, most of the board members appear to have
>been recruited either by European Union officials or by Joe Sims,
>Postel�s lawyer and later ICANN�s."
>
>and
>
>"...because
>the formation was kept at arms� length, ICANN�s creation did
>not violate the Government Corporation Control Act, the statute
>designed
>to prevent agencies from creating private corporations to do
>their will."
>
>and
>
>"By calling for NewCo to form spontaneously,
>government officials avoided directly "creating" the corporation."
>
>However, Mr. Froomkin is wrong. He is either unaware of the facts
>and the evidence which proves those facts, or has chosen to ignore
>them. Esther Dyson herself was called to the chairmanship of the
>ICANN board by none other than Ira Magaziner, in collusion with
>Roger Cochetti of IBM, as Esther Dyson's own statements prove
>(http://cyber.law.harvard.edu/scripts/rammaker.asp?s=REAL&dir=icann&file=icann1&start=1-22-00&end=2-14-50).
>
>
>Ms. Dyson furthermore stated that ICANN was about to be recognized
>by the Department of Commerce at the time of the recorded meeting,
>which was ICANN's first and which was held when there had not yet
>been any acceptance of ICANN by stakeholders and there were still
>competing proposals for the NewCo, thus proving the DOC's de facto
>creation of ICANN.
>
>The ICIIU hereby warns the Berkman Center and ICANN that any attempt
>at destruction of the evidence is a violation of U.S. Code Sec.18 �
>1001(a)(1) (see below) and that they will be prosecuted for doing
>so.
>
>Michael Sondow
>=================================================================
>Whoever, in any matter within the jurisdiction of the executive,
>legislative, or judicial branch of the Government of the United
>States, knowingly and willfully falsifies, conceals, or covers
>up by any trick, scheme, or device a material fact shall be fined
>under this title or imprisoned not more than 5 years, or both.
> --- 18 U.S.C. � 1001(a)(1)
>=================================================================
> International Congress of Independent Internet Users
> http://www.iciiu.org (ICIIU) [EMAIL PROTECTED]
>Tel(718)846-7482 Fax(603)754-8927
>=================================================================
+++
Jay Fenello,
New Media Strategies
------------------------------------
http://www.fenello.com 678-585-9765
Aligning with Purpose(sm) ... for a Better World
----------------------------------------------------
"Wake up, Neo... The Matrix has you..." -- Trinity
