[CCWG-ACCT] RES: Jurisdiction Proposed Questions and Poll Results

Olawale Bakare wales.baky at googlemail.com
Thu Dec 29 22:07:19 UTC 2016


Hi Milton,

I wouldn't want to be absolutely sure that your response to Parminder was
meant for jurisdiction subgroup.

Regards,
Wale



On 29 Dec 2016 21:54, "Mueller, Milton L" <milton at gatech.edu> wrote:

Parminder said “I havent seen not only no attempt to explore ways to stop
such influence by you, and many others here



Translated, it means:



I just wanted to know what do you propose to do about this clearly
identified jurisdiction problem?



MM: First, it isn’t all that clearly identified. Other than OFAC, we need
to explore the scenarios, if any, in which it might have impact. The
current Q4, as I have said, does a lousy job of this.


PS: Further, if going down an international treaty route is problematic for
you, do you think jurisdictional immunity under the International
Organisations Immunities Act is a good way to address this jurisdictional
problem?



MM: International treaty would take decades, and given the irrationality of
inter-state rivalries, seems unlikely ever to produce a good solution.



MM: The IOIA isn’t all that promising, keep in mind that to qualify as an
“international organization” under that Act the US Congress has to
recognize the organization as such and thus you would be bringing ICANN
back under the authority of the US congress, which doesn’t seem so nice
after the Republican takeover and our experiences last September. Indeed,
the IOIA was designed with state-based, diplomatic organizations in mind –
it applies to the UN, the Holy See and the European Central Bank for
example. So your holding up of this option is what drives Corwin’s sense
that this debate is about whether ICANN turns into an IGO.  Finally, the
exemptions of the IOIA confer all kinds of immunities on the organization
that we might not want, such as exemptions from property and income taxes
(I know you are a big fan of those) and worse, immunity from lawsuits. Are
you kidding me? You want ICANN to be immune from lawsuits?



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