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
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"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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