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

[Adebunmi AKINBO]

All,
Back to the .sucks.

I have a question.
If ICANN is not regulatory and the registrant feels cheated if within 2
years the price changes to peanuts, can ICANN interfere if requested to
handle the issue ? Can a government feel insulted to ban the use of this
gTLD against its geographic names and sue the registrar? Can a company sue
for defamation of character ?

A scenario.
A website with a name like usa.suks or china.sucks or icann sucks comes up.
Someone feels bad and takes a negative action.
What would be ICANN roles ?

Curious for a response with direction.
-Akinbo.


On Tue, Apr 14, 2015 at 10:24 PM, Greg Shatan <gregshatanipc at gmail.com>
wrote:

> Paul, that is a new twist to "be careful what you wish for...."  :-)
>
> Greg
>
> On Tue, Apr 14, 2015 at 3:10 PM, Paul Rosenzweig <
> paul.rosenzweig at redbranchconsulting.com> wrote:
>
>> My bad and poor writing.  I actually meant the exact opposite – i.e. that
>> I think we all wish that ICANN continue to NOT have regulatory authority.
>> Apologies to all for the lack of clarity.
>>
>>
>>
>> Paul
>>
>>
>>
>> Paul Rosenzweig
>>
>> paul.rosenzweig at redbranchconsulting.com
>> <paul.rosenzweigesq at redbranchconsulting.com>
>>
>> O: +1 (202) 547-0660
>>
>> M: +1 (202) 329-9650
>>
>> VOIP: +1 (202) 738-1739
>>
>> Skype: paul.rosenzweig1066
>>
>> Link to my PGP Key
>> <http://www.redbranchconsulting.com/index.php?option=com_content&view=article&id=19&Itemid=9>
>>
>>
>> <http://www.rsaconference.com/events/us15/register?utm_source=inhouse&utm_medium=email&utm_campaign=signature-us2015>
>>
>>
>>
>> *From:* Steve Crocker [mailto:steve at shinkuro.com]
>> *Sent:* Tuesday, April 14, 2015 1:48 PM
>> *To:* Paul Rosenzweig Esq
>> *Cc:* Stephen D. Crocker; accountability-cross-community at icann.org
>> *Subject:* Re: [CCWG-ACCT] Another Twist to Law, Jurisdiction and
>> Accountability
>>
>>
>>
>> Paul,
>>
>>
>>
>> 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.
>>
>>
>>
>> Steve
>>
>>
>>
>> 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
>>
>> Red Branch Consulting, PLLC
>>
>> 509 C St. NE
>>
>> Washington, DC 20002
>>
>> paul.rosenzweig at redbranchconsulting.com
>> <paul.rosenzweigesq at redbranchconsulting.com>
>>
>> O: +1 (202) 547-0660
>>
>> M: +1 (202) 329-9650
>>
>> VOIP: +1 (202) 738-1739
>>
>> Skype: paul.rosenzweig1066
>>
>> www.redbranchconsulting.com
>>
>> www.paulrosenzweigesq.com
>>
>> Link to my PGP Key
>> <http://www.redbranchconsulting.com/index.php?option=com_content&view=article&id=19&Itemid=9>
>>
>> <image002.jpg>
>> <http://www.rsaconference.com/events/us15/register?utm_source=inhouse&utm_medium=email&utm_campaign=signature-us2015>
>>
>>
>>
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