> -----Original Message-----
> From: owner-idno-discuss@idno.org
> [mailto:owner-idno-discuss@idno.org]On
> Behalf Of Karl Auerbach
> Sent: Monday, July 12, 1999 8:22 AM
> To: idno-discuss@idno.org
> Subject: Re: [IDNO-DISCUSS] ICANN used to require individual
> participationbutit has been removed
>
>
>
>
> > > > > > That language is no longer part of ICANN's bylaws.
> > > > >
> > > > > The language simply does not mean what you say it means.
> > > >
> > > > Let's see, I was assured by Becky Burr, Ira Magaziner,
> and Esther Dyson
> > > > that it means what the words say and what I expect.
> That language was
> > > > added particularly in response to a BWG proposal.
> > >
> > > OK, I was only assured by Becky Burr and Ira Magaziner.
> Who should I
> > > (and Karl) believe? Them or Kent?
> >
> > Don't believe anyone. Read the language.
>
> We do. And it is a canon of legal interpretation that language in a
> document is not to be read so as to be meaningless.
>
> You are promoting a reading that says that the language is
> meaningless,
> just like you promoted a reading that says the explicit
> limitations on the
> boards powers over SO decisions are also meaningless.
>
> Either the drafter of the language is a legal idiot or that
> language has
> meaning.
>
> Although I do have my opinion about the talents of the author, I don't
> think he is an idiot.
>
> That language indicates that individuals have a peer role with
> organizations in SO's. It removes the ability of SO's, all
> SO's to block
> individuals. That is its clear and obvious meaning, apparent
> to all who
> read it.
>
> And the "legislative history" of that phrasing further backs
> that reading
> -- the BWG proposed language requiring individual
> participation in SO's.
> Our suggested language was not used but, rather, was answered by the
> language in question.
>
> And now that language is gone.
>
> ICANN removed it without real notice, without discussion, without
> explaining its reasons. In other words it removed it in a way
> that is completely at odds with ICANN letter's statements to
> Bliley about
> process.
>
> --karl--
>
>
>
>
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