PAB Karl Auerbach: Re: An exercise in electronic democracy

Perry E. Metzger (perry@piermont.com)
Mon, 23 Feb 1998 10:26:02 -0500


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Date: Mon, 23 Feb 1998 00:01:29 -0800 (PST)
From: Karl Auerbach <karl@cavebear.com>
To: Kent Crispin <kent@songbird.com>
cc: ietf@ns.ietf.org
Subject: Re: An exercise in electronic democracy
In-Reply-To: <19980222232411.28320@songbird.com>
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> If Magaziner decides that the new comments don't
> materially change things, the Green Paper can be in effect on March
> 24, setting official USG policy. That policy continues NSI as the
> monopoly registrar for those domains, indefinitely into the future.
> Implementation of other details of the policy can take a long time,
> but I wager that NSI will be anointed before April 1.

As mere policy, the plan can not cause any contractual relationships to be
formed with NSI, nor to assign property, nor anything else.

There is no statutory authority stated in the Fed Reg notice that enables
NTIA doing anything with NSI.

If that is tried, you will see other people, such as those who brought the
action against the 30% fund, come out of the wordwork to challange the
award. And the challangers will almost certainly win.

--karl--

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