INTLNET -- please read this msg

[Dany Vandromme]

Dear all
Having read all exchanges about this case, and being also involved in  
some Internet activities in France, as responsible for the national  
research and education network here, I fully support the suggestion  
of having JFC joining the ALAC, which is far more appropriate than  
the NCUC for his activities.
Regards
Dany Vandromme
-
On Nov 29, 2006, at 6:54 PM, Carlos Afonso wrote:

> I received this from Jefsey. Very strong arguments. I would like the
> constituency to take a careful look at it, and the ExecComm to review
> its decision to make sure we are not making a wrong decision.
>
> fraternal regards
>
> --c.a.
>
> -------- Original Message --------
> Subject: Re: INTLNET
> Date: Tue, 28 Nov 2006 15:15:38 +0100
> From: Jefsey_Morfin <jefsey at jefsey.com>
> To: Carlos Afonso <ca at rits.org.br>
> CC: Frannie Wellings <wellings at EPIC.ORG>,Iliya Nickelt <iliya at GMX.DE>,
> Olivier Nana Nzépa <anais_ac at YAHOO.FR>, Marcelo Fernandes
> <mfernandes at CGI.BR>,Norbert Klein <nhklein at GMX.NET>, Milton Mueller
> <Mueller at syr.edu>
> References: <20061128034012.EBD6C240016B at mx.rits.org.br>
> <456C2598.5010600 at rits.org.br>
>
> At 13:03 28/11/2006, Carlos Afonso wrote:
>> Dear Jefsey,
>> If it is truly the case that INTLNET is not formalized as a non- 
>> profit
>> organization, you could join ALAC (the at-large Internet users
>> constituency), which, by the way, receives orders of magnitude more
>> support from ICANN than NCUC and is higher up in ICANN's grand  
>> scheme of
>> things. If your activity is linked to business, there are business
>> constituencies within the ICANN system you could join as well.
>> fraternal regards
>
> Dear Carlos,
> INTLNET is most probably the oldest datacoms non-profit organisation
> (1978). We feel really hurt and shocked by all this. We came in bona
> fide to get our right, were attacked by a nastygram from a person I
> know quite well (whose I presume the personal motivations) which
> piled silliness over ridiculous inexactitude. As he did not copy me,
> I politely and kindly sent more information and then a documented
> answer when I got a copy from Milton. I received no response from the
> ExecCom, no question.
>
> I asked Milton a committed response, I did not get it.
> I asked you a committed response from you, I do not get it yet either.
>
> INTLNET is formalised as a French non profit organisation under the
> law of July 1st, 1901, registered on August 22, 1983 under the name
> of Secretariat International pour les Applications de la
> Téléinformatique, and using the name INTLNET since July 7th, 1983.
> This has been adopted in its revised statutes by its GA of  August
> 13, 1983. I also indicated that INTLNET is so much not linked to
> business that it has no banking account in use.
>
> Now, if  you and the Execom decide that:
>
> - I am a pathological liar (yet a magician for achieving alone the
> INTLNET's records!),
> - the US law applies to French organisations ("Organizations
> incorporated as a non-commercial entity (in countries that have such
> a provision in their commercial code)")
> - I run a commercial activity under a non-profit cover (what leads to
> the immediate dissolution of the association and possibly sends me to
> jail), so INTLNET is _not_ "engaged in activities that are primarily
> non-commercial, including, e.g., political advocacy, educational,
> religious, charitable, scientific and artistic."
>
> you will understand I need a formal decision, so I can lodge an
> appeal and call on the ICANN Ombudsman.
>
> Now I understand (and share your concerns) what you say about the
> NCUC, but we cannot change ICANN and its Bylaws - ALAC is to
> represent the interests of the individual users through organisations
> such as the ISOC national Chapters which are open to everyone. Our
> free (on expense external budget) relational space governances
> advocacy, lobbying intelligence, operational information, technical
> and applied research and development, secretariat services, strategic
> think-tank, standardisation assistance orientation unfortunately does
> not permit us that kind of openness. We need selected, proven,
> seasoned people. However, from your remark, I will certainly propose
> ISOC-France to complete its discussed adhesion to ALAC, be the
> creation of an ISOC-PARIS local Chapter which would join the NCUC and
> help getting additional interest from ICANN (since local relational
> spaces gain importance in the WSIS).
>
> For the time being, we are just trying to help ICANN in the IDN area
> the same as we do for the other concerned parties. For that I need
> INTLNET to be at the IDN TF,and therefore to be registered in its own
> constituency, as it is its right.
>
> Friendly yours,
> jfc
>
>> Jefsey_Morfin wrote:
>>> Dear Chair, and ExeCom Members,
>>> I received a mail from Milton today, stating that: "NCUC has  
>>> followed
>>> its charter to the letter. Your application was submitted to the
>>> Executive Committee and it was their judgement that INTLNET is an
>>> individual not an organization, and if an organization, not  
>>> clearly a
>>> noncommercial one consistent with the criteria in the charter.  
>>> This does
>>> not imply any lack of respect for your work but simply the  
>>> boundaries
>>> that the process needs to draw around constituency groups. If you  
>>> want
>>> to send out letters protesting this decision is it your right."
>>>
>>> I thank you to confirm if it reflects your position. If yes, I  
>>> thank you
>>> to be kind enough to explain its meaning to me, as I cannot make any
>>> real sense out of its second sentence.
>>> Best regards.
>>> jfc
>>>
>>>

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