Hello Siva and Eric,

let me try and explain quickly:

On 14/01/2015 20:43, Eric Brunner-Williams wrote:

Siva,

Thanks for the clarification.

... this imaginary scenario of a threat of litigation from the present IANA operator.

In this scenario, who is ICANN suing?

If a Contract Co. was in place, the reallocation of the contract to another operator would likely trigger the existing contract holder, ICANN at present, to sue the Contract Co. In another scenario, any organisation could sue the Contract Co. to hinder its operation.

Olivier

​ came up with

 scenario

​ s 26, 27, 28 as well as 33 among a few others​

. He would be in a better position to clarify. The message is copied to him.

​ ​

​

 

I look forward to his response, if any. Again, as a personal courtesy.

PRT => MRT - nomenclature has evolved since I worked on the scenarios.

26: A law is passed or a country gets a court to order an action that bypasses any process in place. An example of such bypassing (but unrelated to the IANA functions) is the closing of .COM domains by the FBI of Web sites that are hosted in another country.
27: pretty explicit. Also - if an MRT was not under the legal umbrella of any organisation, individual MRT members would be liable to litigation on an individual basis. So physical threat is not the only threat.
28: quite explicit
29: Independent Panels have not fared well in the ICANN world. For an example of terrible panel decisions, see the visual similarity panels where .COM was deemed to be confusingly similar to .CAM by one panel and not confusingly similar to .CAM by another panel.
33: the question is if MRT is not a legal body or within a legal body how does it get an independent Contract Co. to abide by its instructions when Contract Co. decides to ignore it

I've responded to the numbers listed but would be happy to clarify any other scenario if needed.

Kindest regards,

Olivier