[CCWG-ACCT] The crusade for clarity continues

[parminder]

On Friday 30 December 2016 04:29 AM, John Laprise wrote:
>
> "Any stable jurisdiction where the corporate law provides suitable
> accountability would do."
>
OK, John, then come to India, I hope you'd agree all stable democracies
provide stable jurisdictions, or at least most of them do. Lets
incorporate ICANN in India.

Of course, you are going to say but it is already incorporated in the
US, why change. (It is always so much easier to defend the status quo!).
I will tell you why change. A lot of non USians, Indians among them,
have shown discomfort with the application of the current and future US
public law to ICANN, and consider it unacceptable, on the "no
legislation without representation" principle, which is very basic to
democratic thinking. However, somehow, somewhat miraculously (almost)
all US based participants here seem to have developed a strong
collective view that "application of a country's public law to ICANN
simply does not matter" (if this is not the view of most US participants
here, pl do let me know that) .

Ok, I say then, if "application of a country's public law to ICANN
simply does not matter", shift to India, and let Indian public laws
apply. Since it seems to be all the same to USian participants here ,
but non USian/ Indian participants are bothered about the issue of US
public law, we solve what is a problem in the eyes of many without
taking away anything from others who dont see the problem. Since, US
participants seem not to have any problem with public laws application
in any case.

But of course, this is just a hypothetical formulation to try to make
the problem of jurisdiction clearer. I am sure people here will never
contemplate such a lowly thing as moving ICANN to India!

Guys, I have asked this question a few times here, but never get a
response. But I wont stop asking. Would the USians here have accepted if
ICANN had been incorporated in India, and sought no change? Try to
honestly answer this question - if you wont do it publicly, just to
yourself.

parminder


> 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 <mailto: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
>     <mailto: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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