[CCWG-ACCT] Another Twist to Law, Jurisdiction and Accountability
Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com
Tue Apr 14 16:41:51 UTC 2015
All
As you may know, ICANN recently created the new gTLD .sucks. It appears
that the new registry manager, Vox Populi, is charging a rather exorbitant
fee of $2500/year for existing trademarks to purchase the relevant domain
name in the pre-release Sunrise period. Some have protested to ICANN about
this. ICANN's response is interesting and may have relevance to our
accountability discussion. It seems
(http://www.washingtonpost.com/blogs/the-switch/wp/2015/04/09/the-group-that
-created-sucks-now-wants-government-to-keep-it-from-spinning-out-of-control/
) that ICANN has asked the regulatory authorities in the US and Canada to
determine whether or not Vox Populi's pricing is predatory under US and
Canadian law (and thus illegal).
I am not at all clear whether ICANN has directed this request to those
national authorities because it is where they are located or, more likely,
because they are the law specified by the underlying contracts. But it does
suggest that, in the absence of regulatory authority for ICANN (which I
assume we all will continue to wish for) national laws will continue to play
a role. I am not in the least bit sure how this plays into our discussions
- but it certainly seems a relevant confounding factor we ought to be aware
of
Paul
Paul Rosenzweig
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