[AfrICANN-discuss] Re: It's like that in life, there are always bad players and bad losers!

Mike Silber silber.mike at gmail.com
Sat Oct 13 21:18:49 SAST 2012

Mr Nacer

I am not in agreement with you (as you may suspect). Your statement that 
a conflict "is clear" is not justified on any facts whatsoever, just Ms 
Ma's rather vague innuendo.

What may be surprising to you is that the ICANN General Counsel and 
Board Governance Committee's Conflict review, having been appraised of 
all the facts and details of the various arms-length relationships many 
months before this allegation was raised (rather than Ms Ma's 
conjecture) also found no conflict.

The question is legitimate. Casting aspersions and making false 
allegations is not.

I will be most willing to engage with you (or anyone else not involved 
in false allegations) should you be interested.



> ---------- Forwarded message ----------
> From: *Adamou Nacer* <adamou.nacer at gmail.com 
> <mailto:adamou.nacer at gmail.com>>
> Date: 13 October 2012 19:29
> Subject: Re: [AfrICANN-discuss] It’s like that in life, there are 
> always bad players and bad losers!
> To: Lerato <lerato.ma at yahoo.com <mailto:lerato.ma at yahoo.com>>, 
> africann at afrinic.net <mailto:africann at afrinic.net>
> Hi,
> if this is the case, the conflict is clear and Mr Silber must resign 
> from the ICANN's new gTLD Program Committee.
> Is there an ICANN rule to avoid this kind of situation?
> Regards
> Le 13/10/2012 16:53, Lerato a �crit :
>> You do not seem to understand what you are talking about. The fact 
>> that ZADNA has endorsed UniForum's new gTLD application, and Mike 
>> Silber, an ICANN Board Member from South Africa who is also a serving 
>> director of South Africa's Domain Names Authority - the ZADNA; and 
>> also a member of the new gTLD Program Committee of ICANN is a clear 
>> Conflict of Interest situation for him since he would be expected to 
>> participate in the decision-making over a new gTLD that the ZADNA has 
>> endorsed, and by implication, which he has also endorsed by the mere 
>> fact that he is a ZADNA director.
>> --Lerato Ma
>>     ------------------------------------------------------------------------
>>     *From:* "ngabo at pop.co.za" <mailto:ngabo at pop.co.za>
>>     <ngabo at pop.co.za> <mailto:ngabo at pop.co.za>
>>     *To:* africann at afrinic.net <mailto:africann at afrinic.net>
>>     *Sent:* Saturday, October 13, 2012 2:19 AM
>>     *Subject:* Re: [AfrICANN-discuss] It’s like that in life, there
>>     are always bad players and bad losers!
>>     On Fri, 2012-10-12 at 18:19 -0700, Lerato wrote:
>>     "I'm sure the ICANN Board will check the allegations...
>>     >                  If the ICANN Board checks the allegations and
>>     accepts that they are true why should you favour UniForum?
>>     Irrespective of the fact that you think that the letters are so
>>     cloak and dagger, and desperate, why should you condone the fact
>>     that ICANN Board members that have conflicting interests are
>>     going to sit down in the new gTLD Program Committee to preside
>>     over new gTLD decision-making?
>>     >
>>     You assume that the conflict allegations are actual truth.
>>     Someone told me that the Internet never forgets, now there
>>     appears to be a lot of truth in that.
>>     Mr. Mike Silber, "former director of UniForum SA" - I have been
>>     unable to find any evidence to support this claim.
>>     In my research, it looks to me that ZADNA and UniForum are
>>     completely separate organisations.
>>     It seems ZADNA is a creation of the South African government via
>>     their Electronic Communications and Transactions Act of 2002. "In
>>     18 May 2007, the Minister of Communications published a public
>>     notice officially giving .za DNA the full assumption of
>>     management of .za in terms of section 59 of the ECT Act)."
>>     Uniforum seems to have been around much longer. I found "UniForum
>>     SA (originally /usr/group/) in 1988. During 1995 UniForum SA were
>>     delegated the responsibility of administrating the co.za
>>     <http://co.za> domain registry"
>>     ZADNA's mandate:
>>     "65.(1) The Authority must� (a) administer and manage the .za
>>     domain name space;"
>>     It seems ZADNA wants a Central Registry and that is why Mr. Chris
>>     Disspain company was consulted... nothing to do with the new gTLD
>>     process.
>>     Since then, two things appear to be happening at Uniforum, they
>>     have applied for the "africa" gTLD and perhaps due to their size,
>>     are becoming the "South Africa Central Registry (ZACR)". There is
>>     no suggestion that one event is dependant on the other. It also
>>     looks like the gTLD "africa" race started before the ZACR change.
>>     ZADNA (the government rule maker) seems to be on the outside of
>>     this ZACR (the actor) change - which make governance sense.
>>     This didn't take long to research.
>>                     ---------------------
>>     When I see two parties running for the same goal and one party
>>     starts throwing mud at the other - I tend to support the other.
>>     Go read the subject line...

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