PAB Karl Auerbach: Re: The Elephants are Mating ...

Perry E. Metzger (
Sun, 01 Mar 1998 22:17:21 -0500

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Date: Sun, 1 Mar 1998 18:42:24 -0800 (PST)
From: Karl Auerbach <>
To: Mike Roberts <>
cc: Gordon Cook <>, UPFORGRABS-L@CDINET.COM,
Subject: Re: The Elephants are Mating ...
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> > When I realize that Larry Irving, Ms. Burr's immediate superior will sign
> > the resulting rule that will codify into law the outcome on behalf of the
> > Department of Commerce, I do not sleep better at night.

Well first of all, "the outcome" will merely have the force of law as a
mere statement of policy.

NTIA, the Dept of Commerce, and indeed even the President, has no
authority to actually put the actions of the policy into effect. For
example, NTIA has no power to form the proposed corporation, NTIA has no
power to transfer assets around among private parties, there's no
authority to impose ADR on registries and registrars, etc. etc.

All that will require another go around, mainly with different agencies,
and probably more than a few trips to Congress for legislation.

And does anyone believe that Congress would let a proposal of this nature
get through without making a few tweeks here and there?

So Larry Irving may be a very, very old man before any of this comes to


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