Fool that I sometimes am, i have been thinking about your question
from a CCWG participant perspective, and from the perspective of a
USAn.
Also not a international lawyer or lawyer of any sort.
On 25-Apr-15 10:31, Dr Eberhard W Lisse wrote: > This does not even address the
question whether the USG has any
> claim to the root, and the numerous consequences originating
from
> this.
I do not think of the US as having a claim on it. But I am sure
that this is an issue legal scholars could have a good discussion
on. It would be interesting* to see some exegesis from the global
legal scholars on this issue. I bet it would make for fascinating
reading, and I am sure there are many different interesting
scholarly perspectives on it.
Interesting issue, but I do not see it as a gating issue for the
_Accountability_ CCWG
I do think of the US as currently having responsibility for it.
It was created under their oversight, for better or worse the world
has become dependent on it, and until they can hand the
responsibility to others, it is their problem. They are trying,
for the most part, to hand the Stewardship responsibilities off to
an appropriate multi-stakeholder group.
There seems to be a broad view, though not universal, that ICANN
does a decent job as the current IANA function operator. But while
they do the job of IANA well, there is also broad agreement, though
not universal, that ICANN needs to become more accountable as part
of any transfer of Stewardship. US oversight, and international
pressure on the US on they way they do the oversight, has been
important in trying to keep ICANN in line. Lose that, and people
start to worry.
So I think that whether the US has a claim to the root or not is an
interesting side issue, and I love interesting side issues, but I do
not believe it is material to the work this group has been assigned
to do.
I do not support passing this on to the legal firms we have, as it
is not gating for this group and is not in either law firms skill
set or terms of reference, as I understand them. As I am not a
member of the legal sub-team, my opinion on this is without weight,
but I felt like expressing it this fine Saturday morning.
cheers
avri
* Should the US congress decide it is in the position to stop a
transition that there is broad agreement on, then this scholarly
research might become useful. But that will not be a task for this
group either.
