[CCWG-ACCT] The crusade for clarity continues

[Mueller, Milton L]

Milton, since you seem to so very clear about everything, and on a crusade to correct everyone's confusions

MM: Oh dear, I've been called a "crusader." (It almost made me fall off my horse.)

can you give us an example of such "jurisdiction that does not involve national borders at all", without it implying an agreement reached among states. Are you promoting US jurisdiction as such jurisdiction without borders?

MM: ICANN was based on a strategy of globalization through private law. In order to avoid jurisdictional fragmentation of the domain name system, it created a global governance agency based on private contracts. Of course as a private corp ICANN has to be incorporated somewhere, in this case for historical reasons it was the US. It then issues private contracts that apply anywhere, like other multinationals. It does not have to be incorporated in the US to follow this strategy. Any stable jurisdiction where the corporate law provides suitable accountability would do. So the short answer to your typically manipulative question is no, I am not promoting "US jurisdiction as such," I am calling attention to the rationale behind the original decision to make ICANN a private nonprofit.

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