Yes, I see what you mean. It's ugly but likely not worth dying in a ditch over. <span></span><br><div><br></div><div>Thanks!</div><div><br>On Sunday, 14 October 2012, Desiree Miloshevic wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
On 14 Oct 2012, at 15:37, Wendy Seltzer wrote:<br>
<br>
> I think this "raffle" is an ugly legal kludge, but it's one that comes<br>
> closer to the mark than prior efforts. Where random selection is the<br>
> best way to allocate slots, just do it and move on.<br>
><br>
+1<br>
<br>
it was always going to come down to some sort of random distribution. e.g. lottery.<br>
another way, perhaps, would have been to do Keep It Simple and go for an alphabetical order -<br>
equally (un)fair, - fairness being contained in the fact that the chosen processing method would have been a surprise to all the new gTLD<br>
applicants. ops, and unfairness being in the fact that applicants and the strings find themselves at the other side of the alphabet, .. .www . zzz<br>
<br>
Desiree<br>
--<br>
> --Wendy<br>
><br>
> On 10/14/2012 10:12 AM, Edward Morris wrote:<br>
>> I'm a bit agnostic about the raffle concept (we're beyond the point of<br>
>> constructing anything approaching an ideal solution...mistakes were made<br>
>> and we're in cleanup mode) and am open to any and all arguments thereof,<br>
>> but the article referenced is neither balanced nor accurate.<br>
>><br>
>> Mr. Staub states that ICANN wants "gTLD applicants to travel to<br>
>> California". Not true. ICANN will facilitate representation, at no charge,<br>
>> for applicants unwilling or unable to come to California. California Penal<br>
>> Code §320.5(f)(2) prohibits the sale of raffle tickets online. Things have<br>
>> to be done in person.<br>
>><br>
>> Mr. Staubb claims ICANN's use of the raffle is a misuse of the raffle<br>
>> exemption which, he states, is "designed to allow for not-for-profit<br>
>> fundraising". I'd concur that is the spirit of the law but the statute<br>
>> itself does allow for raffles that support undefined "beneficial or<br>
>> charitable" purposes. ICANN is a registered California charity<br>
>> (registration number 111047). The only mention of purposive fundraising in<br>
>> California Penal Code §320.5 relates to using raffle proceeds to<br>
>> "financially" support another charity.That doesn't apply here. I see no<br>
>> misuse.<br>
>><br>
>> Raffle proceeds must be used in California. ICANN has stated it will comply<br>
>> with this provision. It might be nice if we were told the specifics.<br>
>><br>
>> The rest of Mr. Staub's article consists of critiques of any sort of<br>
>> drawing or lottery. As stated, I'm a bit agnostic about this as I don't see<br>
>> any of the other proposals mentioned as being superior when applied, as<br>
>> now, in a post hoc manner. I'd suggest they would simply slow the entire<br>
>> process down. Of course, all of this could serve as points of discussion<br>
>> for policymaking in further gTLD rounds.<br>
>><br>
>> I would note that should the Constituency agree with Mr. Staub that ICANN's<br>
>> proposal is a misuse of the raffle statute, the proper way to stop the<br>
>> raffle from going forward is to ask California Attorney General Kamala<br>
>> Harris to reject ICANN's application for a license on those grounds.<br>
>><br>
>><br>
>> On Sun, Oct 14, 2012 at 1:13 PM, "Kleinwächter, Wolfgang" <<br>
>> <a>wolfgang.kleinwaechter@medienkomm.uni-halle.de</a>> wrote:<br>
>><br>
>>><br>
>>> <a href="http://www.circleid.com/posts/20121013_the_draw_icann_severe_case_of_virus_infection/" target="_blank">http://www.circleid.com/posts/20121013_the_draw_icann_severe_case_of_virus_infection/</a><br>
>>><br>
>>> Friends, should be do something here?<br>
>>><br>
>>> wolfgang<br>
>>><br>
>><br>
><br>
><br>
> --<br>
> Wendy Seltzer -- <a>wendy@seltzer.org</a> <a href="tel:%2B1%20617.863.0613" value="+16178630613" target="_blank">+1 617.863.0613</a><br>
> Fellow, Berkman Center for Internet & Society at Harvard University<br>
> Visiting Fellow, Yale Law School Information Society Project<br>
> <a href="http://wendy.seltzer.org/" target="_blank">http://wendy.seltzer.org/</a><br>
> <a href="https://www.chillingeffects.org/" target="_blank">https://www.chillingeffects.org/</a><br>
> <a href="https://www.torproject.org/" target="_blank">https://www.torproject.org/</a><br>
> <a href="http://www.freedom-to-tinker.com/" target="_blank">http://www.freedom-to-tinker.com/</a><br>
</blockquote></div>