On Sunday 19 June 2016 11:31 AM, Jordan Carter wrote:

I may have missed something, Parminder, but isn't it a plus rather than a negative for ICANN accountability that process errors can be appealed and the company held to account for them?

Jordan

In may make ICANN accountable, but to a system that is unaccountable to the global public, and is only accountable to the US public (there could even be cases where these two could be in partial conflict) - that in sum is the jurisdiction issue. ICANN accountability issue is different, though linked, bec it has to be accountable, but to the right system, which itself is accountable to the global public. Different 'layers' of accountability are implicated here, as people in IG space will like to say!

Here the issue is, a US court has no right to (exclusively) adjudicate the rights of the African people, bec African people had no part in making or legitimising the system that the US court is a part of. Dont you see what problem we will be facing if the US court says that fairness of process or whatever demands that .africa goes to DCA. If you were an African, what would you feel?

An ICANN under international law will be subject to only an international judicial process, which Africa is equally a part of, and gives legitimacy to.

parminder

Jordan
On 19 June 2016 at 07:26, parminder <parminder@itforchange.net> wrote:
On Sunday 19 June 2016 04:13 AM, Paul Rosenzweig wrote:

The Economist | A virtual turf war: The scramble for .africa http://www.economist.com/news/middle-east-and-africa/21700661-lawyers-california-are-denying-africans-their-own-domain-scramble?frsc=dg%7Cd

Not that this fact is being discovered now, but it still is the simplest and clearest proof that US jurisdiction over ICANN's policy processes and decisions is absolutely untenable. Either the US makes a special legal provision unilaterally foregoing judicial, legislative and executive jurisdiction over ICANN policy functions, or the normal route of ICANN's incorporation under international law is taken, making ICANN an international organisation under international law, and protected from US jurisdiction under a host country agreement.

parminder

Paul Rosenzweig

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Jordan Carter
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