I don't think that is entirely settled. What is your legal authority for the proposition? On 22/06/16 22:30, Phil Corwin wrote:
I'm not familiar with the details on that. But any nation controls its own ccTLD.
ICANN maintains the root zone, it doesn't decide who performs technical and other operations for a given ccTLD.
Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell
Twitter: @VlawDC
"Luck is the residue of design" -- Branch Rickey
-----Original Message----- From: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] On Behalf Of Nigel Roberts Sent: Wednesday, June 22, 2016 5:11 PM To: accountability-cross-community@icann.org Subject: Re: [CCWG-ACCT] premature jurisdiction debates
And the redelegation of .US . . . .
On 22/06/16 20:39, Phil Corwin wrote:
So long as we have a common understanding of what would constitute "interference by the U.S. government" (of which there has been little to none since ICANN's inception, with the possible exception of the delay in .xxx delegation to the root). I presume you are advocating deciding upon a process to address such an occurrence, rather than making a decision now about an alternate jurisdiction for a situation that may never arise, or occur decades from now.
I'll start that discussion by stating that it would likely include interference in ICANN's policymaking process (outside of advocacy within the GAC) or trying to block or compel a change in the root zone, through methods that are inconsistent with the Bylaws.
I don't think it should include private litigation brought against ICANN and heard in state or federal court; or law enforcement actions, such as bringing an antitrust action if there is an allegation of illicit pricing decisions, or criminal charges against an ICANN employee for embezzlement, etc.
*Philip S. Corwin, Founding Principal*
*Virtualaw LLC*
*1155 F Street, NW*
*Suite 1050*
*Washington, DC 20004*
*202-559-8597/Direct*
*202-559-8750/Fax*
*202-255-6172/Cell***
**
*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 *Mueller, Milton L *Sent:* Wednesday, June 22, 2016 3:15 PM *To:* Guru Acharya; Roelof Meijer *Cc:* accountability-cross-community@icann.org *Subject:* [CCWG-ACCT] premature jurisdiction debates
In the reflexive approach, you would ask "what are the institutional mechanisms or procedures to ensure that jurisdiction issue can be addressed in an adverse situation where the US jurisdiction is longer tenable, however rare it may it?" In the absolute rarest of rare cases that the US legislature or judiciary try to interfere with community decisions (the black swan scenario), how would ICANN ensure that this interference is contained/minimised? What are the institutional mechanisms or procedures for addressing the situation where the US (or any other) jurisdiction is no longer hospitable/ideal for the ICANN policymaking or IANA functions? These are the questions that we should be asking in the WS2 on jurisdiction.
MM: I think this is a good point. Even advocates of US jurisdiction or those who, like me, think there is just no better alternative and that the disruption and risks caused by a change are not worth the uncertain improvements, can easily agree that there should be procedures or plans for how to respond to interference by the U.S. government.
Dr. Milton L. Mueller
Professor, School of Public Policy
Georgia Institute of Technology
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