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RE: [ga] Comments on ICANN Reform Recommendations



|> -----Original Message-----
|> From: owner-ga-full@dnso.org [mailto:owner-ga-full@dnso.org] 
|> On Behalf Of Kent Crispin
|> Sent: Sunday, June 02, 2002 6:39 PM
|> To: ga@dnso.org
|> Subject: Re: [ga] Comments on ICANN Reform Recommendations
|> 
|> 
|> On Sun, Jun 02, 2002 at 02:25:13AM -0700, Sandy Harris wrote:
|> > 
|> > I think the bottom line is that ICANN is a "public benefit" 
|> > corporation. Without a pausible plan to ensure that the public 
|> > interest is adequately respresented, it loses all legitimacy.
|> 
|> The legitimacy of a public benefit corporation does not in any way 
|> whatsoever depend on any form of representation of the 
|> public; a public benefit corporation is by definition a 
|> *private* entity that 
|> gets a particular tax status.  It has absolutely no obligation under 
|> the law to involve the public in its management or in any of its 
|> decision-making processes.  
|> 
|> The way it works, basically, is that the directors and 
|> officers decide what the corporation does; and the state 
|> decides whether those activities are worthy of special tax 
|> status.  Under normal 
|> circumstances the state has absolutely nothing else to do 
|> with it, and 
|> neither does the general public.
|> 
|> That is, public representation is absolutely not necessary 
|> for ICANN to 
|> function as a completely legitimate public benefit corp, just like 
|> thousands and thousands of other corporations.

Perhaps this is the real crux of the matter.  ICANN expects everyone to
contribute without any shareholder status or guaranteed acceptance of
input into a corporation that appears to take advantage of the
intellectual and physical resources of others.

Your point is noted but perhaps ICANN should also note that to achieve
what it hoped for by the corporation they do need the acceptance and
participation of not only the major players but also a large number of
individuals and smaller players.

Darryl (Dassa) Lynch.

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