[lac-discuss-en] RES: OP

asoto at ibero-americano.org asoto at ibero-americano.org
Wed Aug 15 01:23:49 UTC 2012


[[--Translated text (es -> en)--]]

 Subject: Re: RES: OP 
 From: asoto at ibero-americano.org

 I think any discussion in LACRALO opinin justifies this 
 magnitude. What estviendo least here, is the anxiety of travel, and are 
 facts that have been demonstrated. 
 As always, please pour opinions, please apply well 
 justify it. Otherwise, exemplify, we consider a 
 all with the same yardstick. It is highly offensive. 
 And definitely the worst I've seen input to ICANN. 
 Regards 


 Alberto Soto 


 ----- Original Message ----- 
 From: lac-discuss-es-bounces at atlarge-lists.icann.org 
 [Mailto: lac-discuss-es-bounces at atlarge-lists.icann.org] On Behalf Of 
 rok at bango.org.bb 
 Posted on: Tuesday, August 14, 2012 9:48 pm 
 To: lac-discuss-es at atlarge-lists.icann.org 
 CC: lac-discuss-en at atlarge-lists.icann.org 
 Subject: Re: [lac-discuss-en] RES: OP 




 [[- Translated text (in -> en) -]] 


 Subject: Re: RES: OP 
 From: rok at bango.org.bb


 Some people want a car to take a truck load. All this 
 LACRALO talk about being independent is a nonsense. We must begin 
 with the reason why LACRALO is established. It was not a club or party 
 political. Comenzcon the objective is to get tickets especfico 
 Caribbean and Latin America Internet users, not for us to 
 by sb walk out happy. 




 It seems that there are some who want to appropriate LACRALO to make it 
 we want to be. When that day LACRALO is no longer relevant to the 
 ICANN, I hope it passes Caribbean peticin Renen and ICANN 
 to make direct contributions to ICANN and to leave Los Angeles to continue 
 its merry way to nowhere. 




 LACRALO has lost focus and has entered into a desert politician steep 
 where to vote in favor of the officials is the prize ... and where 
 people are pushed to the charges if their lives depend on it. 




 Depressing! 




 South Korea 




 ----- Original Message ----- 
 From: Carlos Dionisio Aguirre 
 Posted on: Tuesday, August 14, 2012 10:25 
 To: Carlton Samuels 
 Cc: lac-discuss-en at atlarge-lists.icann.org 
 Subject: Re: [lac-discuss-en] RES: OP 








 My dear Brother: At this time I can `t share with you. 
 I insist on my position LACRALO is independent and sovereign. As you 
 said in his (evil, for me) the interpretation, LACRALO can give rules 
 s and changes in it, so it is shown fully 
 independent, not answerable to anyone. This phrase is clear: 
 "This Memorandum of Understanding 
 ("MOU") defines an agreement between the signatory organizations and 
 the Corporation for Assigned Names and Numbers. Its 
 intention is to establish and define the activities to be carried out, 
 the Latin American and Caribbean Regional At-Large great 
 organization, supported by ICANN. "
 ICANN is another organization as shown in the previous paragraph. To 
 that reason we have a memorandum of understanding, because there are two 
 organizations connected with this type of contract or agreement. 
 ICANN is based on California law, that is true, but this only 
 affects the relationship with LACRALO if LACRALO against taking any 
 the directive body of law (California law). if not, memorandum of 
 understanding between two different organizations is still alive in strength. 
 LACRALO consists of organizations and the governing body 
 is GA, which is a delegate for each organization. This is the explanation 
 of "The signing of the organizations" sentence. 
 Now LACRALO with the support of ICANN, as the memorandum of understanding, 
 but this may change in the future, and could remain LACRALO a 
 independent, and most importantly, this was the idea. 
 The idea from the beginning was to have an independent organization in 
 Latin America region made by end users, which was the 
 LACRALO motivation.We are not part of ICANN, which could 
 be the meaning of that? 
 ICANN multistackeholder model and there is no need for uniformity. And 
 to build a democratic and diverse ecosystem of ICANN needs 
 OPINION different to the different focus groups. LACRALO is one of 
 them, consisting of end-user organizations in the region of 
 LAC. ICANN needs an independent and Sovereign LACRALO. 
 My personal opinion about it. 




 A big hug, big and strong for you. 
















 Carlos Dionisio Aguirre 
 NCA GNSO Council - ICANN 
 former member of ALAC for LACRALO 
 Lawyer - Specialist Business Law Sarmiento 71 - 4th. 18 
 Cordoba - Argentina - 
 * 54-351-424-2123 / 423-5423 
 http://ar.ageiadensi.org 








 From: carlton.samuels @ gmail.com 
 Date: Monday, August 13, 2012 12:41:48 -0500 
 Subject: Re: [lac-discuss-en] RES: OP 
 To: carlosaguirre62 at hotmail.com 
 CC: lac-discuss-en at atlarge-lists.icann.org 








 08/10/2012 Carlos Dionisio Aguirre <carlosaguirre62 at hotmail.com>








 : The government that you mention does not apply in this case, because we 
 a specific standard. n the other side I LACRALO is not part of ICNN only 
 we have a Memorandum of Understanding signed, but are independent 
 standards of ICNN. 




















 Regards 








 ================================ 




 My brother Carlos: See the highlighted portion of text, according to the 
 translation. 
 In this case, I think the interpretation is incorrect.








 LACRALO its interpretation that is &quot;independent&quot; of the 
 ICANN standards is widely held in Latin America. Without 
 doubt, I think is responsible for statements such as &quot;LACRALO 
 is sovereign. &quot; 












 Now, lawyers can and do disagree on the 
 interpretation of the law or documents. 
 The case law confirms this. Add to this and in this 
 context, differences in the stories and legal mechanisms 
 interpretation of the so-called 'common law' countries and countries 
 'Civil right' Front predominantly Latin American Caribbean. This is 
 a perfect example and such other case. 








 ICANN premise is well defined in the law. It exists as a 
 'Public benefit' 
 corporation under the laws of the State of California. When registering 
 as a legal entity, it filed its application with the texts 
 State.These bye-laws submitted and accepted by the State of California 
 unites and strengthens its operations and actions. 








 This means that the actions of ICANN are legal and enforceable only in the 
 as to comply with its implementing legislation. 








 LACRALO premise is defined by the Memorandum of Understanding signed with 
 the MOU ICANN.Ese 
 subject to the ICANN bylaws, ICANN can not make binding agreements 
 are 
 detrimental to its implementing legislation. 








 This is the text describing the &quot;Purpose and Scope 
 application &quot;of LACRALO in 
 Memorandum of Understanding signed with ICANN: 




 &quot;This Memorandum of Understanding (&quot; MOU &quot;) defines a 
 agreement between the 
 The signing of the organizations and the Internet Corporation for Assigned Names 
 and 
 Numbers.Its purpose is to establish and define the activities 
 carried out 
 for Latin America and the Caribbean Regional At-Large great organization, and 
 supported by ICANN. &quot; 








 Note the word * &quot;Organizations signing&quot; *. 








 Here is the definition of that &quot;The signing of the 
 Organizations &quot;:&quot; Organizations of the 
 Latin America and the Caribbean, certified by the ALAC and At-Large 
 Structures that are signatories to this MOU. &quot;. 








 This is the signature * organizations *, ie, ALS, which 
 enjoy the legal 
 relationship with ICANN. In other words, is purely an LACRALO 
 tag for ease 
 reference, which means &quot;all of us, ALS, acting 
 together &quot;. 








 The ALS certification requirement represents another obstáculo.La 
 power 
 accept and certify ALS is transferred to the ALAC through texts 
 implementation of ICANN. 
 In other words, * not * LACRALO can not exist absent a 
 text of application of the ICANN 
 mandate of the action of the ALAC. 








 The MOU states clearly the commitments 
 sets, ** jointly and severally, the 
 parties to it. 








 The Memorandum of Understanding, signed, joins ICANN to six (6) the 
 commitments to LACRALO **. 
 In turn, labeling LACRALO ALS, ie those who signed the 
 Memorandum of Understanding 
 joins us, * and * jointly alone, five (5) shares 
 different, with 
 ICANN in the pursuit of our joint commitments. 








 The truth is that there is a gulf of difference between America in general 
 America and the Caribbean to understand the meaning of the 
 &quot;Sovereign&quot; of the word 
 in context. 








 In 2006, we invited and had legal interventions ICANN 
 staff to explain this. I'm on the record several times, trying 
 aligning 
 the facts with general knowledge. My last time was in Costa Rica. 
 I 
 was responding to the contents of a document filed with the 
 Secretariat and 
 Assembly General.Y comments to my problems, I was condemned as 
 a 
 lying in several places. The recordings and transcripts are 
 available for 
 those wishing to learn more. 








 Records show Sooknanan Cintra, a lawyer, has also indicated 
 the 
 misuse of the word. Also, Lance Hinds and King of Roosevelt. 
 > A partir de mi lectura de sus escritos e intervenciones, creo que Fátima
 > Cambronera entiende muy bien las diferencias. 










 do 
 context of the names and numbers of the promotion policy, 
 counseling and development is 
 informed and limited by the MOU signing, which in turn 
 is subject to 
 powers and the extent granted by the ICANN bylaws and Regulations 
 LACRALO 
 Procedure. 








 LACRALO may, if it so chooses, to change its rules. The process for 
 it is 
 described in the Regulations. And even if there was a movement to change 
 rules of procedure, you must follow the process as defined in 
 the rules. 
 The lawyers and the courts have a Latin term, &quot;ultra 
 vires &quot;to describe the actions 
 contrary to the rules. 








 Here's the attraction. LACRALO can not change the texts of 
 implementation of ICANN.And so any 
 rule change that affects or filth of ICANN texts 
 application would make a LACRALO 
 rogue and outside the parameters provided by the ICANN Memorandum of 
 Understanding. 








 If this happens, any signatory of the Memorandum of 
 Understanding, that is, any commonwealth, has 
 standing and a duty of care complaint petition in this regard. And 
 ICANN has a duty to respond and act as the Memorandum of 
 Understanding and application text requires 
 so to do. 








 Best, - Carlton 
 ============================== 








 Carlton Samuels A 
 Mobile: 876-818-1799 
 Strategy, Planning, Government, Evaluation and deadlines 
 ============================= 




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