[At-Large] Chiba response to FNOI

ebw at abenaki.wabanaki.net ebw at abenaki.wabanaki.net
Thu Jul 28 14:11:51 UTC 2011


Thanks for sending the link. The MSWord file shows editorial changes, word
choice, and nuances, which is interesting.

I am not a lawyer, and in particular, I am not a lawyer with a practice in
administrative law and with specialialization in the DoC and NTIA as agencies,
but I suspect that when each of the following three parties -- the DoC/NTIA,
ICANN, and ISOC China -- use the phrase "multi-stakeholder", they mean very
distinct things.

I think the DoC/NTIA usage means "mumble, within the context of Notice and
Comment requirements of the (Federal) Administrative Procedures Act of 1946,
for (delegated) rule making by federal agencies"

I'm fairly certain the ICANN usage means something involving "transparency
and accountability" and the bylaws entities, and a no-cost contract to
which it claims the US is not a beneficiary, as those elements were in the
prior ICANN NTIA NOI concerning the IANA Functions.

I think, based only upon conversations with a senior offical in China a
decade ago, that the ISOC China usage means something involving sovereigns
in addition to the United States, and possibly bylaws entities. 

Again, with the IANAL caveat, I don't see how the contract between the
California 501(c)(3) and the USG can easily accomodate equal enforcement
rights by third parties.


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