[CCWG-ACCT] Weinstein v. Iran

Wed Aug 3 21:36:46 UTC 2016

At 09:37 AM 8/3/2016, Phil Corwin wrote:
>Content-Language: en-US
>Content-Type: multipart/alternative;
> 
>boundary="_000_8E84A14FB84B8141B0E4713BAFF5B84E21188D2AExchangesierrac_"
>
>FYI, yesterday I published a short article on 
>the decision which can be found at 
><http://www.circleid.com/posts/20160802_court_of_appeals_avoids_doomsday_effect_in_iran_cctld_decision/>http://www.circleid.com/posts/20160802_court_of_appeals_avoids_doomsday_effect_in_iran_cctld_decision/ 
>

One small-ish quibble:  you write:

"In reaching its decision, the Court opined (but 
did not decide) that a top level domain 
constitutes an attachable property interest."

Not sure that's strictly correct.  I think 
"opined" implies that the court expressed an 
opinion about the matter (without actually 
deciding it).  But I don't think it did express 
an opinion one way or the other; it simply said 
that it would "assume" that the ccTLDs constitute 
property, without really considering the matter, 
because it would have no impact on the outcome.
I know it's a nit ... but the question of whether 
TLDs are "property" is sure to come up again, and 
I don't think this opinion is any support at all 
- even weak support - for the notion that they are.
David

>In it I state:
>In my view, this result avoids the possibility 
>of a major erosion of confidence and 
>participation in ICANN by ccTLD operators by 
>making clear that a respected Court of Appeals 
>in the U.S. possesses adequate technical 
>understanding of the DNS to avoid a legal 
>decision that could lead to technical and 
>political instability  many nations would not 
>wish to continue in a DNS coordinated by a U.S. 
>non-profit corporation if it could be ordered by 
>a U.S. court to transfer control of any nation's 
>ccTLD. This decision will also hopefully tamp 
>down calls by some parties for ICANN's place of 
>incorporation to be moved outside of the U.S. by 
>demonstrating that ICANN's jurisdiction does not 
>create a threat to other nation's ccTLDs. 
>Remaining jurisdiction issues will be addressed 
>in work stream 2 of ICANN's ongoing accountability process.
>
>Best regards to all
>
>Philip S. Corwin, Founding Principal
>Virtualaw LLC
>1155 F Street, NW
>Suite 1050
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>Twitter: @VlawDC
>
>"Luck is the residue of design" -- Branch Rickey
>
>From: 
>accountability-cross-community-bounces at icann.org 
>[mailto:accountability-cross-community-bounces at icann.org] 
>On Behalf Of Paul Rosenzweig
>Sent: Wednesday, August 03, 2016 9:28 AM
>To: 'CCWG-Accountability'
>Subject: [CCWG-ACCT] Weinstein v. Iran
>
>For those following along in the effort to 
>attach the .ir (and other) ccTLDs, the appellate 
>court issued an opinion yesterday affirming the 
>decision of the court below rejecting the effort 
>to attach the domain (albeit on different 
>grounds).  Here is a link to the opinion: 
><https://www.cadc.uscourts.gov/internet/opinions.nsf/D35ACE5F0E9673C085258003005094AE/$file/14-7193.pdf>https://www.cadc.uscourts.gov/internet/opinions.nsf/D35ACE5F0E9673C085258003005094AE/$file/14-7193.pdf 
>
>
>Paul
>
>Paul Rosenzweig
>509 C St. NE
>Washington, DC 20002
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