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TheDomains.com

How Could The CEO Of ICANN Not Vote On .XXX?

March 19, 2011 by Michael Berkens

Yesterday at the ICANN board meeting when the .XXX extension was approved by a 9-3 vote, 4 Board members abstained from voting including the CEO of ICANN Rod Beckstrom.

While one vote either for or against the .XXX extension wouldn’t have changed the outcome, the point of the matter is how can the head of an organization pass on voting on what is probably the most important vote ICANN has taken during the time he has led the organization?

While some are willing to give Beckstrom a pass on not voting,  because of  “possible legal implications, (CEO abstaining pretty typical for votes on .xxx over the years, I think it’s a liability thing)”,

I’m not.

I think it that the head of an organization which abstains on voting on the most controversial issues of his term, is not much of a leader.

Yes I said it.

Of the 4 non-voting directors, 2 explained why they did not vote.

One Director Bruce Tonkin said:

“I ‘m employed by a registrar.  Some customers of that registrar may choose to register in a .XXX extension if it was approved.  At this stage, I’m not expecting that the financial interest to be material, but I’m taking a conservative view and will abstain on this motion.”

Ok Fair enough.

He might make money on the extension if it passes so he doesn’t want to vote or participate in the decision.

Understood.

Another Director Ram Mohan rescued himself for a what he called a “long-declared conflict of interest”

Again fair enough, if a Board member thinks he has a conflict then you have to respect that.

What explanation did the head of ICANN give for not voting on .XXX?

None

No statement, no explanation, no vote.

No Buneo.

You cannot be an effective leader and have “no opinion” or refuse to vote when an important issue comes before you.

Yes I understand that as a paid Board member Beckstrom may have more liability to lawsuits than non-paid board members.

Too bad.

If you take the job and the money then you have an obligation to lead, to participate and to either support the majority or to lead the opposition and explain why the majority was wrong.

Pick a side and vote.

Right or wrong.

A pass is not acceptable.

As domainers,  we all financially support ICANN and we deserve better.

Filed Under: .XXX, ICANN

About Michael Berkens

Michael Berkens, Esq. is the founder and Editor-in-Chief of TheDomains.com. Michael is also the co-founder of Worldwide Media Inc. which sold around 70K domain to Godaddy.com in December 2015 and now owns around 8K domain names . Michael was also one of the 5 Judges selected for the the Verisign 30th Anniversary .Com contest.

« LogicBoxes Passes 5 Million Domain Mark
Quick Poll: How Many .XXX Registrations Will There Be 1 Year After Launch? »

Comments

  1. steve says

    March 19, 2011 at 10:19 am

    You got that right. This guy has no right to be CEO of a mousetrap.
    They were able to bribe the rest.

  2. George Kirikos says

    March 19, 2011 at 10:34 am

    Very well said, Mike. He’s an overpaid coward. A time will come (sooner rather than later) when he’ll be forced to testify in Washington, D.C., and the politicians asking the tough questions will expect much better. If you recall, former ICANN CEO Paul Twomey looked like a deer in the headlights on multiple occasions when testifying in DC.

    I look forward to the lawsuits, and especially “discovery of documents” phase, where I’m sure the private ICANN Board mailing list archives will become public (if any ICANN staffers, especially the ones that Maria Farrell spoke eloquently about during the Public Forum on Thursday, want to send them to Wikileaks, please go ahead, and save the public some time).. That’ll be something that will reveal to all whether the ICANN Board has been acting in the public interest.

  3. Tim Davids says

    March 19, 2011 at 11:00 am

    No one should be on the board that could have a conflict with anything that may come up. Period.

  4. MHB says

    March 19, 2011 at 11:24 am

    Tim

    Unless you have an ICANN board completely comprised of people having no relation or business in the domain industry there are going to be conflicts from time to time.

  5. Kevin Murphy says

    March 19, 2011 at 11:56 am

    Worth noting that it’s not just Beckstrom who has abstained on .xxx votes.

    His predecessor, Paul Twomey, also declined to vote on (if I recall correctly) pretty much every .xxx decision post-2005.

    When Beckstrom abstained in Brussels, he gave a reason that I think could be similar to the reason he eventually gives for abstaining yesterday:

    “The CEO explained that his abstention was based on a concern about the determination by two of the three panelists that the ICANN Board should not use business judgment in the conduct of its affairs. He noted that the Board must be able to use business judgment in order to protect the global public interest in the coordination of the DNS. The CEO also commented that the accepts the contribution to ICANN’s accountability and transparency provided through the use of the Independent Review Process.”

  6. M. Menius says

    March 19, 2011 at 11:57 am

    I think Beckstrom’s abstention illustrates how complicated the issues are becoming that ICANN faces, and that the internet community faces. I happen to agree with MHB here that the CEO must take an active leadership role (no abstaining) … if no more than to say that more time is needed before the committee can render a final, superior, defensible decision on the matter, any matter.

    The internet is a new market unlike anything before it. And the dilemmas coming to the surface are not easy issues to sort through. Weighing the pros and cons of critical decisions is not something people can just throw up their hands over and walk away from, which is in essence what an abstention equates to.

    The leading representative must participate in deciphering the complexities of every high stakes issue, and steer toward a final decision based on careful consideration of all the involved parties’ interests.

    I know that is a very hard job. But if you take the position, and the enormous salary that goes along with it, then you don’t avoid the tough decisions and leave them to the whims of others. Analyze, deliberate, and repeat the process … until a clearer answer emerges. If it doesn’t, then shelve the issue temporarily because to move forward on a whim will lead to disaster.

    It’s that way with the unlimited new tld’s. A small subgroup can’t wait to make their small fortune off of it while ignoring global repercussions to internet commerce, trademark interests, and the unknown effects to the accumulated logic & organization of the internet itself. The “right” decision is not one which is expedient for a few, but which is in the best long term interest of everyone who uses the internet. Yes, that’s a tall order. But there’s no getting around it either.

  7. RKB says

    March 19, 2011 at 12:12 pm

    “He’s an overpaid coward.”

    George, you said it right.

    This Rob B. guys has nothing good that he can show us while ICANN’t CEO except his heavy domainer funded checks.

    I have said it before and will sai it gain:

    ICANN should change it’s name to: ICan’t

    ICANN is a DISGRACE to the entire world.

    It is a corporation whose top management is is only interested in making more money for themselves and let others suffer.

    All ICANN decisions are agains domain name registrants who actually fund the ICANN’s coffers and pay its employees.

    ICANN bites the hand that feeds it.

    ICANN belives in cutting shady deals to raise the prices for domain registrants just like when it made a shady deal with verizoon to let them raise the .COM prices.

    .COM price should be $1 per domain, not over $8/domain.

    ICANN’s activities will lead to disintegration of the internet as we know it today to many countries controlling their own web space.

    ICANN just has one agenda: RIP OFF the domain registrants and make more money for its management.

    ICANN should be banned and replaces by another accountable organization.

    ICANN CEO should accept responsibility for his debacles and lack of leadership and resign immediately to save more headaches for others.

    ICANN SUCKS and ICANN management SUCKS!

  8. MHB says

    March 19, 2011 at 12:14 pm

    Kevin

    Thanks for the info

    “ICANN Board should not use business judgment in the conduct of its affairs.”

    Pretty hard not to when the whole new gTLD system is about business.

    More over if true then all of the board should have abstained.

    Still doesn’t explain why the CEO and head of the organization sat it out.

  9. Kevin Murphy says

    March 19, 2011 at 12:23 pm

    @MHB

    Sorry, perhaps that quote wasn’t clear out of context. Beckstrom was basically saying in Brussels that he disagreed with one of the findings of the .xxx Independent Review Panel. He was saying that ICANN as a California corporation *should* be able to exercise business judgment.

    IANAL.

  10. TheBigLieSociety says

    March 19, 2011 at 12:47 pm

    Bill Clinton attends #ICANN meeting after #DAVOS with @edyson & @Bill_Gross ://NEW.NET founder .XXX approved @clintonGlobal ? #FCC #NTIA

  11. Gazzip says

    March 19, 2011 at 12:51 pm

    “If you take the job and the money then you have an obligation to lead, to participate and to either support the majority or to lead the opposition and explain why the majority was wrong.

    Pick a side and vote.

    Right or wrong.”
    —————–

    Totally agree, He rattles on about a Spider & a Starfish but that’s the action of a spineless JELLYFISH.

    I guess even with his huge pay & perks it must costs EXTRA for him to vote.

    non-profit corporation my a***, ICANN acts like friggin rich boys club

    Great post M.Menius – spot on

  12. TheBigLieSociety says

    March 19, 2011 at 12:55 pm

    @Bill_Gross may be able to shed some light on ://NEW.NET & .XXX & #ICANN with @edyson Also the .TV #DNS comes into play #FCC #IANA #NTIA

    Get a CLUE people, you are dealing with a very corrupt bunch of people.

    The ICANN CEO is also NOT an employee, just like his predecessor.

    The ICANN lawyers direct the Puppet.Show.

  13. TheBigLieSociety says

    March 19, 2011 at 1:00 pm

    Another Director Ram Mohan rescued himself for a what he called a “long-declared conflict of interest”Again fair enough, if a Board member thinks he has a conflict then you have to respect that.
    ====

    AFILIAS is the .XXX Registry – That is .ORG & Ram Mohan

  14. Meyer says

    March 19, 2011 at 1:07 pm

    “and the enormous salary that goes along with it”

    I’m sure the salary is comfortable for him.
    But, don’t forget, he was very wealthy before he was
    Director of the National Cybersecurity at Homeland Security
    and then CEO of Icann.

  15. TheBigLieSociety says

    March 19, 2011 at 1:12 pm

    “he was very wealthy”
    —-
    In Silicon Valley, wealth is very relative. The CEO of Google recently cashed out a $300,000,000 of his $3,500,000,000 ?
    Beckstrom only cashed out at $100,000,000 ? several years ago ?

    Beckstrom also has stated that his business deals with IRA MAGAZINER did not work out as expected and cost millions ?

  16. TheBigLieSociety says

    March 19, 2011 at 1:35 pm

    {AT} 05:19pm 07/06/99-0400, vinton g. cerf wrote:
    >folks,
    >
    >I have talked with John Sidgmore. We will try to get $500K
    >at least “backup” in case nothing else in the way of
    >fundraising works. Mike Nelson, I have copied John Patrick and
    >Irving Wladawsky-Berger on this message, as well as John Sidgmore.
    >If IBM and MCI Worldcom can come up with $1M in “bridge” funding,
    >to be paid back at a later time under reasonable terms that will
    >not harm ICANN, then perhaps we can begin a new fundraising campaign
    >knowing that we have the ability to back up the campaign with a
    >rescue effort in the short term. It will be easier for John Sidgmore
    >to make the case to the MCI Worldcom management if IBM is willing to go
    >into this with us and split the $1M cost. Is it possible?
    >
    >I would then launch a campaign with GIP, ITAA, Internet Society,
    >and other interested groups on the basis that ICANN must succeed
    >or Internet will be in jeopardy. This ought to play well with any
    >company whose stock price is dependent on a well-functioning Internet.
    >
    >Thoughts?
    >
    >Vint

  17. TheBigLieSociety says

    March 19, 2011 at 2:53 pm

    Similar discussions about Corporatocracy can be found at:

    ://JohnPerkins.org
    ://www.DavidIcke.com

  18. TheBigLieSociety says

    March 19, 2011 at 3:49 pm

    ://crookedtimber.org/2011/03/19/the-hollowing-out-of-icann-must-be-stopped/
    The hollowing out of ICANN must stop

    by Maria on March 19, 2011

    Last week, I did something I never expected to do. At the ICANN meeting in San Francisco, I stood up in front of several hundred people and the ICANN Board of Directors and delivered a full and frank criticism of the management of ICANN’s current CEO, Rod Beckstrom.

  19. Jeff Schneider says

    March 19, 2011 at 3:55 pm

    Hello Mike,

    When there is this much money involved leaders can be swayed. It is the American way. Gutless Wonders are predictable, especially when their pay checks are involved.

    Gratefully, Jeff Schneider (Contact Group) (Metal Tiger)

  20. TheBigLieSociety says

    March 19, 2011 at 4:05 pm

    >I would then launch a campaign with GIP, ITAA, Internet Society,
    >and other interested groups on the basis that ICANN must succeed
    >or Internet will be in jeopardy. This ought to play well with any
    >company whose stock price is dependent on a well-functioning Internet.
    ======

    If “stock price” is Artificially INFLATED you can use shares to BUY anything.

    Stock becomes your Currency – You Print Money

    WorldCON Bernie Ebbers claims he did not know what was going on

  21. Landon White says

    March 19, 2011 at 4:26 pm

    A Congressional investigation as to where the ICM $12 Million WAS SPENT
    (pay off-bribes, etc)

    Follow the Money, Right!
    –
    Never will happen though.

  22. Landon White says

    March 19, 2011 at 4:35 pm

    HEADLINE:
    How Could The CEO Of ICANN Not Vote On .XXX?
    —-
    THIS IS A CONFESSION IN IT’S SELF…
    HE KNOWS THE DECISION WAS “WRONG”
    AND PROVED “HE” IS “NOT” IN CONTROL OF ICANN.
    –
    THEN WHO IS?

  23. TheBigLieSociety says

    March 19, 2011 at 8:24 pm

    PROVED “HE” IS “NOT” IN CONTROL OF ICANN.
    –
    THEN WHO IS?
    ====

    There are many ironic twists to that one. The ICANN CEO’s BOOK based on comparing a Star.Fish and a Spider and promoting LEADERLESS Organizations would make one think, “He thinks a company with a CEO is vulnerable like spiders”.

    The ICANN CEO has said people should beware of Top Down organizations that have a CEO at the top.

    The other twist is that his Book compares the I* Community Decision-Making ORGanism (or ORGasm?) to a Star.Fish. The lack of accountability and passive posturing is viewed as a Good Design from Nature? The Star.Fish Re-Generates, clones, etc.

    The Book describes shallow attempts to answer your question. “Who is in charge?”

    ICANN Staff confirm no one is “in charge” and very little gets done, so it does not matter. Cash flows in, checks are cut, people work from home (i.e. their health club or spa), and every so often there is a Road.Trip sponsored by Other People’s Money.

  24. Gazzip says

    March 19, 2011 at 9:31 pm

    “The ICANN CEO has said people should beware of Top Down organizations that have a CEO at the top.”

    ICANN War tactics Starfish style 😉

    If you’re really bored (or have a starfish fetish you really need to itch) you can check out the chocolate starfish live in action on this google video

    youtube.com/watch?v=fumQ0s7DCEY&feature=related

  25. TheBigLieSociety says

    March 20, 2011 at 10:17 am

    AFILIAS is the .XXX Registry

    That is .ORG & Ram Mohan
    and also Hal Lubsen and Ken Stubbs

    One has to wonder where Becky Burr and Milton Mueller will fit in the new .ORG/XXX

    The Internet Society has also not weighed-in yet, but have announced they plan to increase their budget from $16,000,000 to $26,000,000

    Have .ORG owners been informed about the .XXX relationships ?

  26. TheBigLieSociety says

    March 20, 2011 at 10:37 am

    ://en.wikipedia.org/wiki/Afilias

    Afilias is headquartered in Dublin, Ireland with US offices near Philadelphia, sales offices in London, UK, an operations center in Toronto, Canada, and operational offices in New Delhi, India.

    Afilias Limited is the registry operator of the .info TLD, and the service provider of the .org generic top-level domain (gTLD), .asia TLD catering to the Asia, Australia, and Pacific regions, .mobi mobile phone TLD, .aero Airline and Aviation Industry TLD, and a provider of domain name registry services for several countries around the world, including .AG (Antigua and Barbuda), .BZ (Belize), .GI (Gibraltar), .HN (Honduras), .IN (India), .ME (Montenegro), .SC (the Seychelles), and .VC (St. Vincent and the Grenadines). Afilias also provides ancillary support to other domains, including .SG (Singapore).

  27. TheBigLieSociety says

    March 20, 2011 at 11:45 am

    ://www.icann.org/correspondence/lubsen-to-beckstrom-09jul10-en.pdf

  28. MHB says

    March 20, 2011 at 1:01 pm

    Bie Lie

    “AFILIAS is the .XXX Registry”

    That’s a big lie

    Aflilas is going to run the back end for .XXX as they do for several other extensions including .mobi and .org

    Separate companies separate ownership.

    There will be hundreds of new extensions and companies like Afilias, Neustar, Verisign, Open Registry & Minds+ Machines and Tucows will get a lot of business because for new gTLD’s the cost and time to operate there own back end is enormous and its easier, quicker and cheaper to hire one of these companies who already have the systems in place.

    Afilias and Open Registry are privately held all the others are public companies.

  29. Patricia Kaehler says

    March 20, 2011 at 1:15 pm

    Question: Is there a way to convert a .pdf
    (as supplied ABOVE) — into a .txt file
    or .html file ??

    Advice …

    ~Patricia Kaehler – DomainBELL

  30. TheBigLieSociety says

    March 20, 2011 at 9:16 pm

    “because for new gTLD’s the cost and time to operate there own back end is enormous and its easier, quicker and cheaper to hire one of these companies who already have the systems in place.”
    =====
    SPIN.ZONE
    “the cost and time to operate there own back end is enormous”
    FACT.ZONE
    the cost and time to operate there own back end is about 15 cents per domain, if that…
    Only political costs and un-needed features would cause fools to out-source a Registry
    Look at the 2-letter ASCII TLDs as examples

    ICANN has made it appear that the Barrier.to.Entry is high & Out.Sourcing is assumed. Domainers who can not configure a simple SOA RR have very little
    credibility making statements that mislead other people.

  31. MHB says

    March 21, 2011 at 1:56 am

    Big lie

    So if you in a business that costs you $.15 to operate and you can charge $3-$4 maybe you should be buying stock in those companies instead of bitching about how much they are making?

  32. TheBigLieSociety says

    March 21, 2011 at 4:05 pm

    “Competence is a reassuring zone, but when the boundaries change and your competence is no longer relevant, there are two choices — change, or fight to keep the status quo.”

  33. TheBigLieSociety says

    March 21, 2011 at 5:23 pm

    Who is .XXX ?

    “Hal Lubsen is a veteran in the domain name industry. Ram Mohan the company’s senior officer, is the company’s primary participant in industry technical and policy involvement, and is involved with defining several Internet industry policies and technology initiatives. Roland LaPlante is the company’s primary spokesperson and is a member of the domain name industry. The company’s Chairman, Philipp Grabensee, is involved in Internet governance issues.”

  34. scrabble cheat says

    April 15, 2012 at 1:26 pm

    What a stupid CEO. Is this guy for real?


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