[discuss] governments and rule of law (was: Possible approaches to solving...)

Thu Feb 27 17:27:42 UTC 2014

At 16:37 27/02/2014, Don Blumenthal wrote:
>We¹re having enough confusion with technical definitions on this list.
>Let¹s not add legal jargon to the mess.
>
>The term ³mortmain² has meaning in US law. I never have seen ³main-morte,²
>and the definition that you suggest for the term is not what mortmain
>means here.

"Here?"   We are discussing global issues.
This is how a no-member corporation qualifies 
"over here". That you never saw does not disqualify reality.

The issue is the purpose of ICANN. The reason why 
it was incorporated in California under a statute 
used by golf-clubs was quite disputed. The author 
explained and justified the choice. This choice 
is obviously not in line with what ICANN does. 
This is why there is a need to reorganize ICANN 
(something they seem to call globalization and to define).

> >http://archive.icann.org/en/comments-mail/comment-bylaws/msg00025.html
> >http://osaka.law.miami.edu/~amf/individuals.htm

Lawyers terminology rhetoric is fine but at the 
end one has to come to the meaning.

We techies are dumb stupid. A term equals a 
meaning. We loop process them with "if then else" 
until it makes sense. ICANN as one of the VGNICs 
makes sense; otherwise it does not. This is what 
we identified as the BUG (being unilaterally 
global), and bugs are to be fixed. This is what 
we do in the best interest of *our* operations.

You do what you want: this is the Internet. As 
Michel Gauthier reminded it, you have to be 
conservative in what you say (you speak of what 
you know, we speak of what we know in the proper 
terms) and be liberal in what you receive (you 
try to understand the others' terms and not to 
censoor them according to your vocabulary). 
Otherwise networking does not work and you are 
by-passed by innovation (in this case, pure 
continuation of a 35 years old politically over-delayed project).

Cheers!
Hebe

> >What is interesting is that Joe Sims who designed ICANN for Jon
> >Postel wites: "in that real world,  ICANN's mission is extremely
> >limited:  to maintain the stability of the DNS. Or, to put it more
> >simply, to not screw it up.  This is the prime objective, the
> >overriding core task, the critical job.  Everything else is
> >secondary, or even lower than that, in importance and priority, and
> >that includes anything that can remotely be described as governance".
> >
> >Actually ICANN cooperates and sells DNS stability of the "IN"
> >ICANN/NTIA class (see ICANN Affirmation of Commitment). VGNICS is
> >about the common support of all those who cooperate to the whole DNS
> >stability.
> >
> >Hebe
> >
> >
> >_______________________________________________
> >discuss mailing list
> >discuss at 1net.org
> >http://1net-mail.1net.org/mailman/listinfo/discuss