From: Karl Auerbach
Subject: Re: [ALSC-Forum] Re: Another model to consider
Date: Tue, 21 Aug 2001 22:34:18 -0700

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You are right on target that there is no free lunch in all of this - it's
all a balance and we all give different weights to the various elements,
and hence we all come out with greater or lesser differences in how we
evaluate the various options.

(One of the aspects of this that continues to fascinate me is the cultural
differences.  For example I was quite intrigued by Vittorio's comment
earlier today about how some nations treat voting as an absolute right
without imposign the corresponding obligations that we have here in the
US.)

With respect to the enforcement issue - i.e. how does the corporation, or
the affronted members, actually react against someone who uses the
membership list outside the jurisdiction containing the corporation?

My answer is to simply recognize there will be times when a remedy will be
impossible - that the one doing wrong with the list will be out of reach.

But I suspect that the number of instances when one is truely out of reach
will be fairly small - the remedies can range from the slap-on-the wrist
of ejection from the at-large to something more stringent, such as
revocation of a domain name (such revocation mechanisms could be imposed
via the ICANN chain of contracts or a DNSO consensus policy.)

And there are other protective techniques - I've done various mailings to
rented mailing lists.  The owners of those lists are very nervous about
the lists being stolen.  So the mailing list is almost never directly
placed into my control.  Rather it is given to a trusted third party who
will handle it per my instructions as long as those instructions are
consistent with the limitations imposed by the list owner.

		--karl--










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