[CCWG-ACCT] The crusade for clarity continues

[John Laprise]

"Any stable jurisdiction where the corporate law provides suitable
accountability would do."

This is the crux of the argument regarding jurisdiction. Until advocates of
ICANN relocation can identify a superior jurisdiction acceptable to all,
the question is moot and should be tabled with Kavous's and Parminder's
objections noted.

On Thu, Dec 29, 2016, 4:50 PM Kavouss Arasteh <kavouss.arasteh at gmail.com>
wrote:

> Dear Professor,
> You put too much emphasis on private .
> Please read Bylaws Core value and the R9ole of Governments
> Regards
> Kavouss
>
> 2016-12-29 23:01 GMT+01:00 Mueller, Milton L <milton at gatech.edu>:
>
> 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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