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What exactly could ICANN possibly do about this? If ICANN could do anything, should it? What about "mission creep"?
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i didn't say that they should do anything; instead, i pointed out some very sharp remarks by bob frankston and noted that those kinds of concerns could have been a part of board discussions in general.
this item, in part (and, again, as i actually said), revisited an item i wrote last year. and, if you read that item, i didn't suggest that ICANN should have done anything then, either. instead, i noted (a) that the collision proivided a dramatic, quantifiable illustration of a conflict between a 'public' interest and a 'private' interest; and (b) that in a related, contemporary instance, ICANN had engaged in dubious activism by filing an amicus curiae memorandum in the Register.com v. Verio.
if anything, both of these items discourage ICANN from acting beyond its purview. i suspect (though it's irrefutable and moot) that if the discussions on ICANN's board were more sophisticated than bureaucratized, ICANN would do less -- a good thing.
cheers,
t
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