@Carlton:

So what are you saying? That the IANA transition might get stopped?

-ed

On Thu, Sep 29, 2016 at 5:17 PM Carlton Samuels <carlton.samuels@gmail.com> wrote:

Other than their assertion that the stability and proper functioning of their websites is under threat, what is interesting to note are the particulars of claim:  a violation of the First Amendment, the Property Clause of U.S. Constitution and the Administrative Procedure Act.

These fellas are loaded for bear! The plaintiffs used language from the 2012 IANA contract as evidence the USG has a property interest; see P.6 of the pleading. And used the threat from NTIA of a non-renewal of the 2012 IANA Contract as evidence that ICANN would be a bad steward, undermining 'predictability, certainty'. They would not wish to do away with the 'protections' that come from a federal steward against 'unchecked' control of ICANN, who they say have a 'documented history of ignoring or operating outside of its governing bylaws'. 

They also forum-shopped; some who watch these things say quite a few of the judges in the Southern District of Texas are reliably anti-[Obama] Administration.

-Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
Strategy, Planning, Governance, Assessment & Turnaround
=============================

On Thu, Sep 29, 2016 at 1:39 PM, Alan Greenberg <alan.greenberg@mcgill.ca> wrote:

Or maybe not - https://www.texasattorneygeneral.gov/files/epress/Net_Complaint_-_FILED.pdf. Four states sue to halt transition...

Alan

At 28/09/2016 11:48 PM, Alan Greenberg wrote:

According to reports, both the US House of Representatives and Senate have passed the Continuing Resolution funding the US government for the period starting October 1 through early December WITHOUT any rider restricting the IANA transition.

The implication is that the IANA Contract with the NTIA will lapse, the new ICANN Bylaws will be in effect and the stewardship transition will be a done-deal.

Alan

_______________________________________________
ALAC mailing list
ALAC@atlarge-lists.icann.org
https://atlarge-lists.icann.org/mailman/listinfo/alac

At-Large Online: http://www.atlarge.icann.org
ALAC Working Wiki: https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)

_______________________________________________
ALAC mailing list
ALAC@atlarge-lists.icann.org
https://atlarge-lists.icann.org/mailman/listinfo/alac

At-Large Online: http://www.atlarge.icann.org
ALAC Working Wiki: https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)