Not sure where this conversation is being held. This is a comment on the subject that I sent to the Jurisdiction list (with typos corrected) -------- Forwarded Message -------- Subject: Re: [Ws2-jurisdiction] Multiple Layers of Jurisdiction Document Date: Sun, 13 Nov 2016 21:10:38 +0900 From: avri doria <avri@acm.org> Reply-To: avri@acm.org To: ws2-jurisdiction@icann.org Hi, As a part time staff member for APC, which signed the letter, I figure I should add my 2 cents. I do not believe the object is to undo the work of WS1 and the establishment of the EC under California rules. That is not an APC goal and I do not think the letter proposes that. But I do believe we need to look at some of the other issues. For example the one that persists to bother me and APC, is the fact that the US can make laws that prohibit ICANN/IANA from doing business with particular countries, whether it is because of boycott or other international reasons. I know we say that has never happened, though there may be some arguments about whether it did or not, but it could happen. Another issue is that given the removal of US oversight, the US government commitment made in WSIS and elsewhere to never interfere in IANA relationship with ccTLDs is meaningless. Does this commitment still hold in the current jurisdictional mix if the US government passed laws or made administrative decisions? These are the sorts of things I think we need to find a answer/solution to. So when I look at the notion of 'immunity' that is the sort I look for. Not that I believe this can be easily achieved. Personally, I do not want to see IANA (the core of the issue and the Internet) prohibited from making a change because of US law, now or ever. I do not believe we can, or even should resolve this in WS2, but we should be aware of these problems and WS2 should recommend that further work after WS2, perhaps, be done to make sure that these and another types of errant US control are not possible. I am personally not looking for relief from the courts on contractual, accountability or EC issues as that is currently part of the accountability solution, and we have yet to see whether that works. It is going to take a few years before we have evidence on the WS1 solution being effective. But I wonder, must that always be US courts, are there other solutions for some of these court challenges, especially those more applicable to the nationals of other nations. I think there are issues we can't ignore. So collecting the issues and figuring out what further discussion/work needs to be done on them is something that needs to be remembered and dealt with in WS2. Hence my agreement with the fact that a letter was sent indicating that there were concerns that need to be discussed and dealt with. The solution proposed in the letter where just possible avenues to explore, and even if they are impractical, we should not ignore any open issues that people might have. avri --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus _______________________________________________ Ws2-jurisdiction mailing list Ws2-jurisdiction@icann.org https://mm.icann.org/mailman/listinfo/ws2-jurisdiction --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus