As I just pointed out in a prior email, the exercise of In Rem jurisdiction still requires some party related to the domain (registry or registrar) to be subject to US jurisdiction. So unless a nation has its ccTLD operated by a US-based entity, and unless a ccTLD registrant has opted to use a US-based registrar, this is a non-issue for ccTLDs. Also, as I pointed out, this In Rem jurisdiction is completely independent of ICANN's incorporation and even its existence. Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW Suite 1050 Washington, DC 20004 202-559-8597/Direct 202-559-8750/Fax 202-255-6172/Cell Twitter: @VlawDC "Luck is the residue of design" -- Branch Rickey From: ws2-jurisdiction-bounces@icann.org [mailto:ws2-jurisdiction-bounces@icann.org] On Behalf Of Mueller, Milton L Sent: Thursday, August 24, 2017 10:39 AM To: ws2-jurisdiction@icann.org Subject: Re: [Ws2-jurisdiction] [EXTERNAL] Re: ISSUE: In rem Jurisdiction over ccTLDs Yes, Becky this is correct, ACPA is an anti-cybersquatting law for trademark protection and was written with second-level domains in mind. I guess it is possible that a gTLD would be subject to ACPA - but if and only if someone managed to cybersquat a trademark in the TLD level. And since ICANN's TLD awarding process is so heavily biased toward trademark owners, it is unlikely that a TM-violating TLD (say, giving .IBM to Parminder) would ever happen. But if it did, I supposed it could be applied. I can't see how it could ever be applied to a ccTLD. From: ws2-jurisdiction-bounces@icann.org<mailto:ws2-jurisdiction-bounces@icann.org> [mailto:ws2-jurisdiction-bounces@icann.org] On Behalf Of Burr, Becky via Ws2-jurisdiction Sent: Tuesday, August 22, 2017 7:02 PM To: Jorge.Cancio@bakom.admin.ch<mailto:Jorge.Cancio@bakom.admin.ch>; jordan@internetnz.net.nz<mailto:jordan@internetnz.net.nz>; thiago.jardim@itamaraty.gov.br<mailto:thiago.jardim@itamaraty.gov.br>; ws2-jurisdiction@icann.org<mailto:ws2-jurisdiction@icann.org> Subject: Re: [Ws2-jurisdiction] [EXTERNAL] Re: ISSUE: In rem Jurisdiction over ccTLDs Fwiw, to the extent that US courts have in rem jurisdiction over domain names, my recollection is that is a function of very specific anti-squatting trademark law and is extremely unlikely to apply to ccTLDs. J. Beckwith Burr Neustar, Inc. / Deputy General Counsel & Chief Privacy Officer 1775 Pennsylvania Avenue NW DC 20006 Office: +1.202.533.2932 Mobile: +1.202.352.6367