[lac-discuss-en] [IANA-issues] Fwd: Re: CCWG Statement v07 as requested.

[Carlton Samuels]

Language really does matter.

So, I agree with most of the edits. But I so too would have liked to see
more forceful language use in the ALAC's responses, especially in regard to
the *Section 3: Principles.  *And then, I also have philosophical
differences with elements that the ALAC seems to be endorsing.

Regarding Para 154 et. al., we should be bold and write the language we
would have liked to see.  I have learned from experience that you must
always take care to write your own self explicitly in organisational
principles. For Luddites and fellow travelers are forever with us and they
tend to dumb down on principles.

Regarding Para 199, again, let's rubbish this exercise in sophistry.  Sweet
bleeding Christ, what chutzpah!  The writer here actually says that
decisions about the DNS have ALWAYS and must remain 'neutral and judgment
free'!.  In what universe? Call it what it is, a squalid lie.

Para 218 again is a deviant operation lurking in plain sight, party to a
neo-liberal political economy that enables a standing bit of ICANN tom
foolery; ICANN is not a regulator. Its like the cuckoo; lay your eggs in
some other poor bird's nest and let 'em feed and groom your big ass chick,
they dumb enough not to recognize a bastard. ICANN really wants to remain
care-free from what happens in  the market it created, that it imposes
obligations for to all of us, sustains in many ways yet wishes to remove
itself from the duty of care from the aftermath. This position must be
rejected for cause.

As it relates to Section 7, this is where I differ philosophically from the
trending ALAC position. However, you might wish to revisit this business of
having directors lockboxing certain rights in lieu of appointment.

We still have the law - and the case law - of the State of California to
contend with. Now, for a corporate entity domiciled in California and
subject to California and U.S laws, libel, slander and defamation are not
the same in law as say the UK or even Jamaica. But certainly the question
of how much of 'coercive' you can get done before you impinge on a
constitutional right is now live. The thing is one cannot sign away a
constitutional right, even if you're ignorant.  Plus we are still a long
way away from figuring out what is the makeup of 'statutory and fiduciary
responsibilities' imposed by California law on directors.  The law there
does not suppose they be lapdogs.

Finally, while I generally support Sebastien's Minority Statement, his
alternative proposal to removal of only 7 members of the Board during a
given year is also not much more desirable.

Quite apart from the prospect of reducing directors to lapdogs, I do not
think you can edit out the tenets of natural justice to which each director
is born much less to coerce one to give up one's constitutional rights in
lieu of a Board seat. There is something malodorous about that concept so I
would reject that on principle.

It is far better to have a framework with a third of the Board is subject
to natural renewal at a frequency less than the natural appointment
duration of each board member - say every 2 years - than invoke a process
that might actually take more years to complete.

Best,
-Carlton




==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================

On Fri, Sep 4, 2015 at 2:01 PM, Alan Greenberg <alan.greenberg at mcgill.ca>
wrote:

> Sebastien has sent in the following comments.  If anyone has any support
> or concerns, please let us know, preferably on the wiki.
>
> Alan
>
>
> Date: Fri, 4 Sep 2015 20:30:27 +0200
>> Subject: Re: CCWG Statement v07 as requested.
>> From: Sébastien Bachollet <sebastien at bachollet.com>
>> To: Alan Greenberg <alan.greenberg at mcgill.ca>
>>
>>
>> Thanks Alan,
>> Please find attached the V7-Clean with my comments, questions, proposals
>> and changes.
>> If you have any questionS
>> All the best
>> Sébastien Bachollet
>> +33 6 07 66 89 33
>> Blog: http://sebastien.bachollet.fr/
>> Mail: Sébastien Bachollet <sebastien at bachollet.com>
>>
>>
>>
>>
>> Le 04/09/2015 18:54, « Alan Greenberg » <alan.greenberg at mcgill.ca> a
>> écrit
>> :
>>
>> >
>>
>>
>>
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> Iana-issues at atlarge-lists.icann.org
> https://mm.icann.org/mailman/listinfo/iana-issues
>
>
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