I'm a bit agnostic about the raffle concept (we're beyond the point of
constructing anything approaching an ideal solution...mistakes were made
and we're in cleanup mode) and am open to any and all arguments thereof,
but the article referenced  is neither balanced nor accurate.

Mr. Staub states that ICANN wants "gTLD applicants to travel to
California". Not true. ICANN will facilitate representation, at no charge,
for applicants unwilling or unable to come to California. California Penal
Code §320.5(f)(2) prohibits the sale of raffle tickets online. Things have
to be done in person.

Mr. Staubb claims ICANN's use of the raffle  is a misuse of the raffle
exemption which, he states, is "designed to allow for not-for-profit
fundraising". I'd concur that is the spirit of the law but the statute
itself does allow for raffles that support undefined "beneficial or
charitable" purposes. ICANN is a registered California charity
(registration number 111047). The only mention of purposive fundraising in
California Penal Code §320.5 relates to using raffle proceeds to
"financially" support another charity.That doesn't apply here. I see no
misuse.

Raffle proceeds must be used in California. ICANN has stated it will comply
with this provision. It might be nice if we were told the specifics.

The rest of Mr. Staub's article consists of critiques of any sort of
drawing or lottery. As stated, I'm a bit agnostic about this as I don't see
any of the other proposals mentioned as being superior when applied, as
now, in a post hoc manner. I'd suggest they would simply slow the entire
process down. Of course, all of this could serve as points of discussion
for policymaking in further gTLD rounds.

I would note that should the Constituency agree with Mr. Staub that ICANN's
proposal is a misuse of the raffle statute,  the proper way to stop the
raffle from going forward is to ask California Attorney General Kamala
Harris to reject ICANN's application for a license on those grounds.


On Sun, Oct 14, 2012 at 1:13 PM, "Kleinwächter, Wolfgang" <
[log in to unmask]> wrote:

>
> http://www.circleid.com/posts/20121013_the_draw_icann_severe_case_of_virus_infection/
>
> Friends,  should be do something here?
>
> wolfgang
>