[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] RE: ISO intellectual property (was Standards)
Here is one the will really rankle the peanut gallery. ICANN's policy authority is said to be unconstitutional under the US Constitution. "The domain name addresses, root server and the major technical protocols that control the Internet were created by the US Government and were once it's property in a strict legal sense"; Brolier, "Public Assets, Private Profits". "Under the Property Clause, only Congress can permit sale and or disposition of property belonging to the United States." "ICANN's authority may also be questioned as an unconstitutional delegation of Congressional authority. The Supreme Court has ruled that Congress may not delegate to private parties its power to make laws, nor make overly broad delegations to governmental bodies. But here we have a nonprofit organization registered by the State of California presuming to govern some of the core processes of the Internet." Anyone still seriously think the W3C should allow statements that refer to it as a "governing body of the Internet"? What its members think it does, or it tries to act to do or appear to do, the cold implications of the statements and references can lead to collisions of legitimate authority, and this in turn, undermines the effectiveness of the body to carry out its originally stated mission: to incubate technology. It is a difficult thing to both comply and compete. Specifications and standards should be two different kinds of documents. IMO, standards should be accompanied by conformance specifications. Specifications for systems that become public utilities should evolve to become standards. For the sake of coherent authority, these should be under different organizations with different customers, and of the two, standards organizations should be held to a higher rule similar to that which historically guided the conduct of governmental process: "open meetings, public access to documents, bans against conflict of interest, and fair admininistrative procedures". Len http://www.mp3.com/LenBullard Ekam sat.h, Vipraah bahudhaa vadanti. Daamyata. Datta. Dayadhvam.h
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