[lac-discuss-en] RES: OP

carlos dionisio aguirre carlosaguirre62 at hotmail.com
Wed Aug 15 02:44:23 UTC 2012


ROK: with all my respect I ask sorry to your intelligence, and please ask if (your intelligence) could say to me what is the foundation of it position about  LACRALO and why consider is not independent and soverign.
Sorry again for what you consider an insult, I only wanted to give my position about that. 
On the other side : If you consider an insult my position about a determinate issue, 
I can consider your actitude like a disrespect, maximum when you appeal  to discredit but without foundation.

Carlos Dionisio Aguirre
NCA GNSO Council - ICANN
former ALAC member by LACRALO
Abogado - Especialista en Derecho de los Negocios
Sarmiento 71 - 4to. 18 Cordoba - Argentina -
*54-351-424-2123 / 423-5423
http://ar.ageiadensi.org 


> From: rok at bango.org.bb
> To: lac-discuss-en at atlarge-lists.icann.org
> Date: Tue, 14 Aug 2012 21:33:40 -0400
> Subject: Re: [lac-discuss-en] RES: OP
> 
> 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
> =============================
> 
> 
> 
> 
> _______________________________________________
> 
> 
> 
> 
> 
> 
> 
> 
> 
> [[--Original text (es)
> http://mm.icann.org/transbot_archive/3a757c3694.html
> --]]
> 
> 
> 
> 
> 
> 
> 
> 
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