[CCWG-ACCT] Legal question

Avri Doria avri at acm.org
Sat Apr 25 15:31:20 UTC 2015

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Fool that I sometimes am, i have been thinking about your question from
a CCWG participant perspective, and from the perspective of a USAn.

Also not a international lawyer or lawyer of any sort.

On 25-Apr-15 10:31, Dr Eberhard W Lisse wrote:
> This does not even address the question whether the USG has any
> claim to the root, and the numerous consequences originating from
> this.

I do not think of the US as having a claim on it.  But I am sure that
this is an issue legal scholars could have a good discussion on.  It
would be interesting* to see some exegesis from the global legal
scholars on this issue.  I bet it would make for fascinating reading,
and I am sure there are many different interesting scholarly
perspectives on it.

Interesting issue, but I do not see it  as a gating issue for the
_Accountability_ CCWG

I do think of the US as currently having responsibility for it.    It
was created under their oversight, for better or worse the world has
become dependent on it, and until they can hand the responsibility to
others, it is their problem.   They are trying, for the most part, to
hand the Stewardship responsibilities off to an appropriate
multi-stakeholder group.

There seems to be a broad view, though not universal, that ICANN does a
decent job as the current IANA function operator. But while they do the
job of IANA well, there is also broad agreement, though not universal,
that ICANN needs to become more accountable as part of any transfer of
Stewardship. US oversight, and international pressure on the US on they
way they do the oversight, has been important in trying to keep ICANN in
line. Lose that, and people start to worry.

So I think that whether the US has a claim to the root or not is an
interesting side issue, and I love interesting side issues, but I do not
believe it is material to the work this group has been assigned to do.

I do not support passing this on to the legal firms we have, as it is
not gating for this group and is not in either law firms skill set or
terms of reference, as I understand them.  As I am not a member of the
legal sub-team, my opinion on this is without weight, but I felt like
expressing it this fine Saturday morning.



* Should the US congress decide it is in the position to stop a
transition that there is broad agreement on, then this scholarly
research might become useful.  But that will not be a task for this
group either.

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