Staley is on many boards. Eg Chairman of the TIO Council. Yep, the industry ombudsman! As to the why (your question below), got any thoughts? > From: Jim Birch <jbirch§multinode.com.au> > Organization: Multinode Computing > Reply-To: dns§auda.org.au > Date: Thu, 07 Dec 2000 13:01:15 +0800 > To: dns§auda.org.au > Cc: dns§waia.asn.au > Subject: Re: "What a joke!" (auDA Ltd AGM & new Board meeting) 7/12/00 > Resent-From: dns§auda.org.au > Resent-Date: Thu, 7 Dec 2000 13:01:31 +0800 > > Thanks Len > > I for one find it decidedly smelly. We were told that the government wanted > the > internet naming authority to be a non-government industry-run organisation. > Yet, now we have the Liberal Party's top "fixer" running the show (by > "consensus.") I wonder why? When did Staley become an expert on the > internet? > It looks like we have a control without accountability operation run by Weasel > and Smirk P/L rather than an industry body. If the government wanted to own > it > (which is reasonable, IMHO) why didn't they just take it over honestly, and, > be > publicly accountable. > > Jim Birch > > Len Lindon wrote: > >> ---------- >> From: Len Lindon <info§humanrights.com.au> >> Date: Thu, 07 Dec 2000 12:52:03 +1100 >> To: <idno-discuss§idno.org> >> Cc: "matthew.healy" <matthew.healy§accc.gov.au>, <kre§munnari.OZ.AU>, >> <ceo§auda.org.au>, <comments§auda.org.au>, <icann§icann.org>, >> <comments§icann.org> >> Subject: ICANN breakup case / 39. .au domain new Chairman: "What a joke!" >> (auDA Ltd AGM & new Board meeting) 7/12/00 >> >> "What a joke!" >> >> Former Chairman of the Prime Minister Howards's Liberal Party, Tony Staley >> is now the New Chairman of au. Domain Administration Corporation Limited. >> >> Asked to ratify Mr Staley's appointment as a Director, the thirty Company >> Members attending Tuesday's amicable AGM in Melbourne all laughed when the >> proxies were read out-- 28 for, none against-- and Mr Staley commented: >> "What a joke!" in a jovial tone. The Members present, having duly laughed as >> expected, then voted unanimously by raising their right hand to ratify Mr >> Staley's appointment. >> >> The joke got even better at the first meeting of the new Board of Directors >> the following day, Wednesday 6 December, when all agreed to make Mr Staley >> the new Chairman of the Board. Technically, Mr Staley is sharing >> chairmanship duties with previous Chairman Greg Watson under a co-chairing >> deal worked out before the meeting. Uh-uh. >> >> To really get the joke, you have to know that the Company Constitution >> allows the elected Board Members to appoint two other Directors. And that >> the Board two months ago (September 2000) duly chose to appoint Tony Staley >> and Greg Sword. >> >> Both Mr Watson and the AGM Notice described these Staley and Grew in >> hilariously deadpan style as "independent". Upon a query from the only >> longhaired male at the AGM as to how they could be described as independent, >> Mr Watson replied that they were "independent of the domain name system". >> >> So, there you have it. A non-elected director is now a new Chairman of the >> Company. And this bravura display of political engineering is just the >> beginning. Mr Staley has just twelve weeks before Prime Minister Howard >> welcomes ICANN to Australia. Internet heavies from around the world will >> gather at the Melbourne Exhibition Centre for a week of meetings and deals >> from March 10 next year. The Prime Minister would be delighted to show the >> world that the .au domain is of world standard and conduct a ceremony. >> >> Two problems. >> >> One, the Australian Competition and Consumer Commission is examining the >> Notification alleging ICANN/auDA breaches of Australia's Trade Practices >> Act. This Notification was made immediately following the ICANN meeting in >> its home state of California in early November 2000. The ACCC is still >> formulating its preliminary response. The new Board at auDA Ltd recieved >> formal notice of the Notification at its first meeting on Wednesday in South >> Melbourne. Most requested documents are now available on the web >> at the Internet Law & Regulation forum under New > Jurisdiction at >> http://internetlaw.pf.com/subscribers/html/ILRForum.asp >> >> Two, the Howard Government does not actually have the legal authority over >> much of the .au domain. Say what? >> >> In his Chair's Report to the AGM on Tuesday, Mr Watson summarised key >> achievments and ongoing activities for the period. On the key topic of >> "Authority", Mr Watson said: "Authority is something I've been working very >> hard to establish auDA as a credible alternative for managing domain names >> in Australia...We have presented our report to the Government and the >> indications are that we will be receiving Government endorsement in the next >> few weeks... We're working closely with Robert Elz. Ultimately we have to >> have the delegation transferred, it has to be done by ICANN. Ideally Robert >> has to approve and we're working very hard to meet his comfort level and his >> requirements. We believe a good understanding has been established." >> >> Mr Watson noted that "finalising the .au delegation and satisfying Robert >> that we are the right organisation to take over that role" was an ongoing >> activity. >> >> There were more non-suprises at the AGM when impoverished professor Peter >> Gerrand was quick to second the motions in support of Staley and Crew. >> Gerrand, recently retired from Melbourne IT, was also allowed to interrupt >> Chairman Watson to correct him and Mr Watson then stated that he agreed with >> him that Australia was a member of several ICANN boards and international >> telecommunications committees. >> >> The decisions made by 60 AGM voters (overwhelmingly white and male and >> corporate types) have significant impact on all internet users in Australia. >> >> Whether auDA Ltd is a corporation and thus possibly subject to the Trade >> Practices Act, or whether it is a government body and thus possibly subject >> to Administrative Law are questions the ACCC must be currently considering. >> >> The ACCC might also pick up on the fact that new Chairman Staley would >> certainly boost the confidence of two powerful stakeholders in this area-- >> the Howard Government and certain Big Corporate Players like Melbourne IT. >> >> Just like the worldfamous Melbourne Cup horse race each November, some >> locals punters are backing auDA Ltd to win the Australian domain name race >> whilst other insiders point to Mr Elz, the current ICANN delegate of the .au >> space, and the ACCC response as wildcards which even the legendary backroom >> skills of Liberal Party fixer, Tony Staley, can not hobble. >> >> Mr Staley was off to a flying start at the first board meeting-- out went >> formal voting on motions, in came "consensus". Sounds great, but what's it >> mean? Well, for one thing, as boardroom veteran Staley knows, it limits the >> scope for legal challenges to voting and motions-- because there aren't any >> in a formal challengeable sense. And, for another thing, the ICANN attempt >> to co-opt the term "consensus" is seen by most participants as bogus or >> "faux-consensus". The problems with the ICANN use and misuse of consensus >> style decision making is the subject of a serious indepth study just >> published in the Duke Law Journal (see extract below) and noted in the >> industry must-read icb mailout (see 12/5/00 ICBTollFreeNews.Com HEADS UP >> HEADLINES). >> >> China's sameday media statement asserting China's sovereignty over language >> and domain names for Chinese citizens was not discussed publicly at auDA Ltd >> this week. >> (see China Claims Its Own Domain, Reuters 8:15 a.m. Dec. 4, 2000 PST >> http://www.wirednews.com/news/politics/0,1283,40506,00.html >> "HONG KONG -- A dispute between the United States and China over the control >> of Chinese-scripted Internet addresses deepened on Monday as China >> reiterated its claim over all Chinese language Internet domain names...") >> >> Nor were the relevant and notorious statements in official US court >> testimony by ICANN counsel and Vice-President Louis Touton : >> >> -- "Although one of those factors is the wishes of the government of the >> country involved, no foreign government ³owns² its ccTLD or can order ICANN >> or the Department of Commerce to take any actions with respect to a ccTLD." >> (paragraph 19) >> >> -- "As stated above, no country ³owns² a ccTLD or has the rights to order >> ICANN or the Department of Commerce to change the manner in which a ccTLD is >> operated." (paragraph 20) >> >> -- source: US District Court, ES v ICANN, No. 4:00CV1785-DJS, >> Declaration of Louis Touton, 11 November 2000, as reproduced at >> http://www.geocities.com/gooda14/icann/Touton.htm >> >> Touton and ICANN are currently considering a French request to clarify how >> ICANN, a form of company not recognised in French law, would respond to the >> possible use by US courts of French law to break the ICANN contract with the >> French AFNIC. Looks like a busy Christmas season for Louis. >> >> And of course no mention at the auDA AGM of AURSC or ORSC or the unconnected >> or the undomained. >> >> ***************************************** >> CONSENSUS reference: >> >> Cited: 50 Duke L. J. 187 >> [*pg 187] >> >> ICANN AND THE PROBLEM OF LEGITIMACY >> >> JONATHAN WEINBERGÝ >> >> ABSTRACT >> INTRODUCTION >> I. HOW WE GOT HERE >> A. Early History of the Internet >> B. Internet Addressing >> C. The Transition >> D. ICANN >> II. THE PROBLEM OF LEGITIMACY >> III. LEGITIMACY AND ADMINISTRATIVE LAW >> IV. LEGITIMIZING ICANN >> A. The Techniques of Administrative Law >> B. The Techniques of Representation >> C. The Techniques of Consensus >> >> Cited: 50 Duke L. J. 187 >> [*pg 187] >> >> ICANN AND THE PROBLEM OF LEGITIMACY >> >> JONATHAN WEINBERGÝ >> >> ABSTRACT >> INTRODUCTION >> I. HOW WE GOT HERE >> A. Early History of the Internet >> B. Internet Addressing >> C. The Transition >> D. ICANN >> II. THE PROBLEM OF LEGITIMACY >> III. LEGITIMACY AND ADMINISTRATIVE LAW >> IV. LEGITIMIZING ICANN >> A. The Techniques of Administrative Law >> B. The Techniques of Representation >> C. The Techniques of Consensus >> >> ******************************************** >> DOCUMENT THIRTY-NINE TPA-ICANN/auDA: .au DOMAIN NEW CHAIRMAN "WHAT A JOKE!", >> report on auDA Ltd Annual General Meeting and new Board first meeting, >> Tuesday 5 December 2000 and Wednesday 6 December 2000, published 1.40am UTC >> Thursday 7 December 2000 >> Author: Len Lindon, Barrister & Human Rights Defender. >> >> -- >> This article is not to be reproduced or quoted beyond this forum without >> express permission of the author. 355 subscribers. >> Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns) >> Email "unsubscribe" to dns-request§auda.org.au to be removed. > > > -- > This article is not to be reproduced or quoted beyond this forum without > express permission of the author. 357 subscribers. > Archived at http://listmaster.iinet.net.au/list/dns (user: dns, pass: dns) > Email "unsubscribe" to dns-request§auda.org.au to be removed. >Received on Thu Dec 07 2000 - 13:46:36 UTC
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