[CCWG-ACCT] Another Twist to Law, Jurisdiction and Accountability

Steve Crocker steve at shinkuro.com
Tue Apr 14 17:47:45 UTC 2015


Did you actually say, rephrasing for clarity, “We all will continue to wish for ICANN to have regulatory authority”?

If so, that’s a very strong statement, whose implication is probably not fully understood by everyone and, when understood, may not at all be what everyone wishes for.


On Apr 14, 2015, at 12:41 PM, Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com> wrote:

> 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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