[CCWG-Accountability] Related work on ICANN's Public Interest

[Eric Brunner-Williams]

On 12/16/14 2:54 PM, Carl Schonander wrote:
>
> ...Integrity is undermined by deceptive practices such as redirecting 
> users to fraudulent websites or providing false information ...
>

Dear Carl,

As a definitional statement this could apply to ISPs monitizing DNS 
resolution failure, to registries wildcarding (Verisign's historic 
Sitefinder and the now historic .museum wildcard), privacy and proxy 
registration services, etc.

As a definitional statement it is inobvious how privileged reference to 
resolution data ("redirecting users", supra) or registrant data ("false 
information", supra) could be extended to exploits of the temporal 
consistency of the DNS such as Fast Flux Hosting or exploits of the 
public routing system such as BGP hijacking.

Do you think you could extend your definitional attempt to include the 
issues of central concern to the larger community?

--

Turning to your suggestion to Steve DelBianco and the clarification 
sought by Dr. Eberhard Lisse, you wrote:

> /relevant principles of international law and applicable international 
> conventions and local law. /

Could you suggest which principles of international law are relevant and 
which international conventions and local laws are applicable? If you'll 
refer to the 2002 exchanges between Joe Simms et al and Michael Froomkin 
[1], one of Mr. Simms central points was that ICANN was sui generis and 
American Administrative Law did not apply, offered in refutation of 
Professor Froomkin's claim that American Administrative Law did apply.

I suggest we're fairly safe in reasoning what California law, and what 
IRS regulation, applies to the California domiciled 501(c)(3) 
corporation. Where we may not yet know what law applies to the 
contractor for the IANA Functions -- the core of the Simms vs Froomkin 
exchange of 2002 -- let alone the nine words before "and local law", 
quoted above -- is what, if any, domestic administrative law applies, 
before we attempt to harmonize the IANA Functions as implemented by a 
contractor with international law and conventions.

Thanks in advance,
Eric Brunner-Williams
Eugene, Oregon

[1] 
http://law.lclark.edu/law_reviews/lewis_and_clark_law_review/past_issues/volume_06/number_1_introduction.php
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