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

Shatan, Gregory S. GShatan at ReedSmith.com
Thu Feb 27 18:38:26 UTC 2014

I would tend to disagree with just about everything below.

Do you have any support for your statement that a US non-profit (other than the membership) variety is a "main-morte" corporation?  And a definition of a French "main-morte" corporation.  Links and citations would be appreciated.  Some brief research was not fruitful.

Your reference to "golf clubs" misses the mark on two levels.  First, non-profit corporations can be formed for reasons great or small, serious or trivial, as long as the basic qualifications are present.  So the fact that "golf clubs" might be formed under the same law is irrelevant.  Second, your statement is also largely untrue.   ICANN is a California public benefit corporation.  Golf clubs in California are more typically formed as California mutual benefit corporations, a different type of non-profit corporation.

The public-benefit corporate form is actually quite malleable, within the framework it offers.  I think it fits quite well with what ICANN does, and if variations on the form are to be considered, can most likely be accommodated within the form.  Whatever the reasons may be to modify ICANN (or not), the corporate form is not really one of them.

Whether ICANN is one of the VGNICS makes sense to anyone but a VGNICian, I leave to others to discuss.  I'm fairly sure that is a unique perspective.

The rest is rhetoric.

A votre santé!


-----Original Message-----
From: discuss-bounces at 1net.org [mailto:discuss-bounces at 1net.org] On Behalf Of Elisabeth Blanconil
Sent: Thursday, February 27, 2014 12:28 PM
To: Don Blumenthal
Cc: discuss at 1net.org List; iug at ietf.org
Subject: Re: [discuss] governments and rule of law (was: Possible approaches to solving...)

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.htm
> >l 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).


> >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

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