[CCWG-ACCT] Weinstein v. Iran
David Post
david.g.post at gmail.com
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
>Washington, DC 20004
>202-559-8597/Direct
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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
><mailto:paul.rosenzweig at redbranchconsulting.com>paul.rosenzweig at redbranchconsulting.com
>O: +1 (202) 547-0660
>M: +1 (202) 329-9650
>VOIP: +1 (202) 738-1739
><http://www.redbranchconsulting.com/>www.redbranchconsulting.com
>www.paulrosenzweigesq.com
>My PGP Key:
><http://redbranchconsulting.com/who-we-are/public-pgp-key/>http://redbranchconsulting.com/who-we-are/public-pgp-key/
>
>
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David G. Post
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