Fw: [ncdnhc-discuss] ICANN approves new bylaws that eschew public elections

[todd glassey]

I would allege that under the original terms of the contract that ICANN had
set a level of expectation and commitment for individual involvement based
on their founding by laws and stated practices. Any changes in that, if the
contract from NTIA did indeed rely on those aspects, could potentially
render the contract void or unenforceable.

Further, the damages are felt by all of ICANN's constituencies when ICANN
disperses or reallocates large resource like TLD's.

I don't want to argue the finer points of law with you, as I am not a
lawyer. But it just seems to me that if the contract was leveraged against
the structure and practices of ICANN, that changing the structure and form
of ICANN could potentially invalidate that contract. That's all

Todd

----- Original Message -----
From: "Harold J. Feld" <hfeld at mediaaccess.org>
To: "todd glassey" <todd.glassey at worldnet.att.net>
Cc: "NCDNHC-discuss list" <discuss at icann-ncc.org>
Sent: Thursday, October 31, 2002 3:18 PM
Subject: Re: Fw: [ncdnhc-discuss] ICANN approves new bylaws that eschew
public elections


> and what financial damages do you allege for qui tam jurisdiction?
>
> Plus the government was not unaware of the "fraud", if any.
>
> Harold
>
> todd glassey wrote:
>
> > FYI -
> > ----- Original Message -----
> > From: "Chris Chiu" <CCHIU at aclu.org>
> > To: "todd glassey" <todd.glassey at worldnet.att.net>
> > Sent: Thursday, October 31, 2002 2:29 PM
> > Subject: RE: [ncdnhc-discuss] ICANN approves new bylaws that eschew
public
> > elections
> >
> >
> >
> >>Todd--that's a good question, and it's not clear whether these ICANN
> >>structural changes constitute a breach. This issue would definitely be
> >>
> > worth
> >
> >>raising on the Discuss list.
> >>
> >>Sincerely,
> >>Christopher Chiu
> >>Technology Policy Analyst
> >>American Civil Liberties Union
> >>
> >>
> >>
> >>
> >>-----Original Message-----
> >>From: todd glassey [mailto:todd.glassey at worldnet.att.net]
> >>Sent: Thursday, October 31, 2002 4:03 PM
> >>To: Chris Chiu
> >>Subject: Re: [ncdnhc-discuss] ICANN approves new bylaws that eschew
> >>public elections
> >>
> >>
> >>Chris, was the awarding of the NTIA contract specific to the structure
of
> >>ICANN, or the services that ICANN promised to put in place, because if
it
> >>was, then ICANN would perhaps potentially be in breach which would open
> >>
> > them
> >
> >>to a qui-tam liability...
> >>
> >>Todd
> >>----- Original Message -----
> >>From: "Chris Chiu" <CCHIU at aclu.org>
> >>To: "NCC Discuss list (E-mail)" <discuss at icann-ncc.org>
> >>Sent: Thursday, October 31, 2002 11:09 AM
> >>Subject: [ncdnhc-discuss] ICANN approves new bylaws that eschew public
> >>elections
> >>
> >>
> >>
> >>>ICANN's Board of Directors has approved controversial new bylaws in a
> >>>
> > 15-3
> >
> >>>vote. Under this revised system, ICANN will no longer hold direct
public
> >>>elections for Board seats, but instead will have an official Nominating
> >>>Committee and several Supporting Organizations each select Directors.
> >>>
> >>>See
> >>>http://www.internetdemocracyproject.org/#highlights
> >>>
> >>>Sincerely,
> >>>Christopher Chiu
> >>>Technology Policy Analyst
> >>>American Civil Liberties Union
> >>>
> >>>
> >>>_______________________________________________
> >>>Discuss mailing list
> >>>Discuss at icann-ncc.org
> >>>http://www.icann-ncc.org/mailman/listinfo/discuss
> >>>
> >
> > _______________________________________________
> > Discuss mailing list
> > Discuss at icann-ncc.org
> > http://www.icann-ncc.org/mailman/listinfo/discuss
> >
> >
> >
>
>
>