[CCWG-ACCT] Jurisdiction Proposed Questions and Poll Results

Sam Lanfranco sam at lanfranco.net
Tue Dec 20 15:30:18 UTC 2016


I short follow up to John's and Parminder's comments might be in order 
here. The first point is that the concept of "jurisdictional immunity" 
is always conditional since, unlike gravity or the speed of light, it is 
never an external given. There are multiple cases, at various levels, 
where, as John has pointed out, for whatever immunity: "those that 
giveth taketh away". The second point is immunity when all governments 
sign off is a multilateral treaty, which ICANN has wisely avoided, and 
from the formation to implementation is not without its problems.

 From my humble perspective our task at hand is to make ICANN the best 
practice, best case, realization of a social enterprise with a defined 
global mandate and remit. If, on that path ICANN's multstakeholder model 
encounters jurisdictional issues, it confronts them. There is no Emerald 
City jurisdiction, at the end of some yellow brick road, where ICANN can 
simply move to and experience global jurisdictional immunity.

Sam Lanfranco, NOPC/csih





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