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

Barrack Otieno otieno.barrack at gmail.com
Wed Apr 15 09:25:48 UTC 2015


Maybe the approach being used by .NGO to clarify whether registrants
are legitimate NGO's could suffice in this case?, i don't see ICANN's
role though.

Regards

On 4/15/15, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:
> Definitely not a wish to wish for. That said, ICANN at the moment may
> indeed be entering into some regulatory issues that may result to Paul's
> concern of jurisdiction in near future. An example is the requirement
> imposed by ICANN on .doctor(based on GAC's advice). While this is not about
> pricing; censoring who gets a domain by professional qualification will
> sure create some variation globally.
>
> Although I should note that I think a WG may be looking at this
> (policy-implementation WG), whether it's something to be considered by the
> ccwg especially towards ensuring board doesn't act on a unilateral decision
> of a section of the community without consultation.
>
> Regards
>
> sent from Google nexus 4
> kindly excuse brevity and typos.
> On 14 Apr 2015 18:48, "Steve Crocker" <steve at shinkuro.com> wrote:
>
>> 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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>


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Barrack O. Otieno
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