Violation of ICANN Bylaws (was Re: [ncdnhc-discuss] FYI)

[J. William Semich]

Milton:

As you are a native English speaker, I am surprised at your lack of 
understanding of the very specific meaning of the word "participate." The 
definition in Webster's Dictionary is succinct and leaves little doubt:

"Participate: verb, intransitive; To have a share in common with others; to 
partake, share."

In other words, anyone who "participates" in the NCDNHC must be able to 
participate in common with others, to share in the constituency's 
activities, without limitation.

If the ICANN bylaws wanted to *limit* activity, then they would have 
spelled out the individual activities that members of other constituencies 
must be allowed to take part in. They did not - they chose the more 
general  word, "participate."

On the other hand, if the ICANN bylaws spelled out that members of other 
constituencies could "vote" in any other constituency, as you think is 
necessary, that *would* be a specific limitation - it would not let those 
same members participate, say, in the email list or in face-to-face 
meetings, if the constituency chose to limit that kind of participation.

The drafters of the ICANN bylaws consciously chose the more general word, 
"participate," which includes voting, email list participation, face to 
face meetings, and all other activities which the constituency members 
share in common with each other.

I am surprised that other members of this constituency with backgrounds in 
supporting stronger voter participation in civil societies, etc., are not 
speaking up on this same issue here, in fact.

Bill Semich
Internet Users Society - Niue

At 12:35 PM 11/26/01 -0500, Milton Mueller wrote:
>Mr. Semich:
>
>"Participation" is not the same thing as "voting."
>If the ICANN bylaws wanted to prevent us from
>preventing organizations from "voting" due to
>their membership in another constituency, then
>they would have said "voting" and not "participating."
>
>Organizations that cannot vote are free to participate.
>Indeed, they are freer to participate in our affairs than
>in any other constituency.
>
>--MM
>
> >>> J. William Semich <bill at mail.nic.nu> 11/26/01 10:30AM >>>
>
>"Section 3. THE CONSTITUENCIES
>(a) Each Constituency shall self-organize, and shall determine its own
>criteria for participation, except that no individual or entity shall be
>excluded from participation in a Constituency merely because of
>participation in another Constituency ... "
>
>By excluding someone from the right to vote, Dany is blocking
>"participation" in this Constituency.

Bill Semich
President and CEO
.NU Domain Ltd
http://www.nunames.nu
bill at mail.nic.nu
+1 508 359 5600 ext 110