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

[Kent Crispin]

On Mon, Nov 26, 2001 at 12:43:17PM -0800, Mike Todd wrote:
> Bill Semich,
> 
> I am one of those "quiet participants" in the NCDNHC constituency mainly
> because I do not have a vote.  The Internet Society Los Angeles Chapter is a
> member but has no voting status because ISOC would end up with too much
> influence.

Another bit of chicanery on the part of the NCC founders, in my opinion,
and a serious failure on the part of Don Heath to not fight this issue. 
ISOC chapters are very important centers for Internet users worldwide,
especially in the developing world, and excluding them was a very 
serious mistake.

> I would be happy to be less quiet but would feel more like my voice had some
> meaning if a vote was associated with it.

Either 1) votes in the NCC are meaningless; or 2) they are meaningful.  
In the first case, there is no reason to deny ISOC-LA a vote.  In the 
second case, there is no reason to deny ISOC-LA a vote.

> However, I do not share your view that "participate", necessarily, includes
> the ability to vote.

In context, it clearly does:

  "...no individual or entity shall be excluded from participation in a
  Constituency merely because of participation in another Constituency.."

1) Voting is a recognized form of participation in the Constituency.

2) I am prevented from voting merely because of my participation in
another Constituency. 

3) Therefore, I am prevented from participation (as a voter) in the
Constituency, merely because of participation in another Constituency. 

4) Therefore, I am prevented from participation in the Constituency, 
merely because of participation in another Constituency.

That is a contradiction of the bylaws.

When it says "excluded from participation", it doesn't restrict the kind
of participation involved, and it simply wouldn't be a reasonable to
assume that the constituency gets to pick and chose what "participation"
means.  If we allow your interpretation, then the constituency could say
"you can participate by receiving announcements", or "you can
participate by sending written comments to the constituency email list,
trashcan at ncdnhc.org", or any other hokey thing they could dream up. 

-- 
Kent Crispin                               "Be good, and you will be
kent at songbird.com                           lonesome." -- Mark Twain