[CCWG-ACCT] [community-finance] IANA Stewardship Transition - Project Expenses - FY16 Q3 update

Erika Mann erika at erikamann.com
Mon Aug 15 10:12:02 UTC 2016


I hesitate to get involved in this debate, it feels like the same arguments
are made over and over. Maybe it's time to have a longer discussion at one
of our meetings about this topic.

Anyhow, briefly, the Antigua/Barbuda Online Gambling case has very little
to do with ICANN being an US based regulator but more with a General
Agreement on Trade in Services (WTO) case pending between US and
Antigua/Barbuda. It's one of those not very rational cases that will
continue to impact the Internet gambling environments. Even if ICANN would
not be based in the US, the organization still would have to warn
applicants.

It's an interesting case and might guide our discussion about this topic in
interesting ways, for those of you who are WTO junkies like I am, here's
the link:
WTO | dispute settlement - the disputes - DS285
<https://www.google.be/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwjFgv7VlsPOAhVJOhoKHRu2BXoQFggbMAA&url=https%3A%2F%2Fwww.wto.org%2Fenglish%2Ftratop_e%2Fdispu_e%2Fcases_e%2Fds285_e.htm&usg=AFQjCNFXsQnuymsnUHgQi9XSWQihr_OwSQ&sig2=aI_j9fHJJ6iCB_52kHOk7g>



On Sun, Aug 14, 2016 at 7:10 PM, parminder <parminder at itforchange.net>
wrote:

>
>
> On Sunday 14 August 2016 10:06 PM, John Curran wrote:
> > snip
> >> More people do not use cars, or guns, or ...... the list is endless.
> >> Does not mean that rules around them are not to be considered issues of
> >> 'public governance'  just for that reason. The Internet today impacts
> >> practically everyone, whether one uses it or not. Just as laws of
> >> international trade effects everyone, whether one is directly carrying
> >> out trade or not.. Excuse me to say it, but this is a very weak
> argument.
> > Ah, you’ve transition now into actual laws, and I do agree that such is
> > the realm of public governance.  Note that it is also the case that laws
> > are made by governments – something that ICANN is not.
>
> ICANN makes considerable number of important laws of our online
> existence. It, for instance, tells me that I cannot register the domain
> name cocacola.biz even if it be yet unregistered ... It tells a betting
> company in Antigua not to risk a gTLD in its name bec betting is illegal
> in the US and its online business conducted under such a gTLD can
> suddenly be brought down any day (bec ICANN insists of staying subject
> to the US jurisdiction) .... A thousand such examples can be cited of
> laws that ICANN makes and enforces with regard to our online existence.
> Just by not calling them laws it does not make them not laws.. BTW,
> ICANN does call them policies, and enforceable policies are laws... That
> thing about if it quacks like  a duck.....
>
> As I said in the last email, hidden powers are to be feared even more
> than the declared ones....
>
> parminder
>
> >
> > Thanks,
> > /John
> >
> > disclaimer: my views alone.
> >
> >
> >
> >
>
>
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