[9589] in Commercialization & Privatization of the Internet

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Re: AUPs and Connectivity

daemon@ATHENA.MIT.EDU (Brock N. Meeks)
Thu Jan 13 06:32:20 1994

Date: Thu, 13 Jan 1994 03:11:52 -0800 (PST)
From: "Brock N. Meeks" <brock@well.sf.ca.us>
To: "Joseph W. Stroup" <nettech@crl.com>
Cc: com-priv@psi.com
In-Reply-To: <199401122359.AA04858@crl2.crl.com>


Joseph Stroup writes that he's pissed off because the NSF has extended 
the current cooperative agreement and then says "fine go ahead... but, 
meantime we need a complete and detail$ [sic] investigation of this 
situation."

Well, Joe, I know you're aware of the NSF IG's review of the project.  
That's all you're going to get, buddy.  All these issues were addressed 
in the review.  Personally I think the IG report was pretty gutless.  Too 
bad, because the guy that did the review, Monty Fisher, seems to be a top 
notch lawyer.  But for some reason he bailed on his responsibility.

The crux of this matter is the relationship between Merit  and ANS.  It 
is legally a subcontracting agreement.  That contract was written up by 
one of New Yorks *highest priced* law firms.  It's bullet proof. 

Yet Monty erased months of legal work with a few paragraphs cranked into 
his word processor, creating a special category called "sub-cooperative 
agreement" which he then applied to the Merit/ANS relationship.

If he hadn't done that, Merit officals could have been found guilty of 
violating federal law.  That means big fines and a lot of bad PR.

So don't waste your time bitching about the extension or calling for an 
investigation.  It won't happen.  And why not deflate some of that 
hyperbole while you're at it.  "The biggest example of fraud, waste & 
abuse," you say you've ever seen?  I'd like to think you're joking.  But 
there areany number of examples from the areospace program and Pentagon 
procurement that make the NSFNet grant look pale.  I certainly don't 
think the mismanagemetn of $15 million per year is trivial, and I've 
certainly written my share of articles exposing this.  But to call this 
the "worst case" is over the edge.

You want to stir the pot?  Get someone in Congress to look at the 
Merit/ANS subcontracting agreement the Fisher blew off.  That's where the 
real meat is, if you can get to it.  


Brock Meeks
reporter
Communications Daily



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