[lac-discuss-en] RES: OP

Webmaster rok at bango.org.bb
Wed Aug 15 01:33:40 UTC 2012


Offensive? I find it an insult to my intelligence when LACRALO is described 
as sovereign and independent.

ROK

-----Original Message----- 
From: asoto at ibero-americano.org
Sent: Tuesday, August 14, 2012 9:23 PM
To: lac-discuss-en at atlarge-lists.icann.org
Cc: lac-discuss-en at atlarge-lists.icann.org
Subject: Re: [lac-discuss-en] RES: OP


[[--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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