At 09:37 AM 8/3/2016, Phil Corwin wrote:
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FYI, yesterday I published a short article on the decision which can be
found at
http://www.circleid.com/posts/20160802_court_of_appeals_avoids_doomsday_effect_in_iran_cctld_decision/
One small-ish quibble: you write:
"In reaching its decision, the Court opined (but did not
decide) that a top level domain constitutes an attachable property
interest."
Not sure that's strictly correct. I think "opined"
implies that the court expressed an opinion about the matter (without
actually deciding it). But I don't think it did express an opinion
one way or the other; it simply said that it would "assume"
that the ccTLDs constitute property, without really considering the
matter, because it would have no impact on the outcome.
I know it's a nit ... but the question of whether TLDs are
"property" is sure to come up again, and I don't think this
opinion is any support at all - even weak support - for the notion that
they are.
David
In it I state:
In my view, this result avoids the possibility of a major erosion of
confidence and participation in ICANN by ccTLD operators by making clear
that a respected Court of Appeals in the U.S. possesses adequate
technical understanding of the DNS to avoid a legal decision that could
lead to technical and political instability many nations would not wish
to continue in a DNS coordinated by a U.S. non-profit corporation if it
could be ordered by a U.S. court to transfer control of any nation's
ccTLD. This decision will also hopefully tamp down calls by some parties
for ICANN's place of incorporation to be moved outside of the U.S. by
demonstrating that ICANN's jurisdiction does not create a threat to other
nation's ccTLDs. Remaining jurisdiction issues will be addressed in work
stream 2 of ICANN's ongoing accountability process.
Best regards to all
Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
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Washington, DC 20004
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Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
From: accountability-cross-community-bounces@icann.org
[
mailto:accountability-cross-community-bounces@icann.org] On Behalf
Of Paul Rosenzweig
Sent: Wednesday, August 03, 2016 9:28 AM
To: 'CCWG-Accountability'
Subject: [CCWG-ACCT] Weinstein v. Iran
For those following along in the effort to attach the .ir (and other)
ccTLDs, the appellate court issued an opinion yesterday affirming the
decision of the court below rejecting the effort to attach the domain
(albeit on different grounds). Here is a link to the opinion:
https://www.cadc.uscourts.gov/internet/opinions.nsf/D35ACE5F0E9673C085258003005094AE/$file/14-7193.pdf
Paul
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