[CCWG-ACCT] The Economist | A virtual turf war: The scramble for .africa

[parminder]

On Sunday 19 June 2016 11:31 AM, Jordan Carter wrote:
> I may have missed something, Parminder, but isn't it a plus rather
> than a negative for ICANN accountability that process errors can be
> appealed and the company held to account for them?

Jordan

In may make ICANN accountable, but to a system that is unaccountable to
the global public, and is only accountable to the US public (there could
even be cases where these two could be in partial conflict) - that in
sum is the jurisdiction issue. ICANN accountability issue is different,
though linked, bec it has to be accountable, but to the right system,
which itself is accountable to the global public. Different 'layers' of
accountability are implicated here, as people in IG space will like to say!

Here the issue is, a US court has no right to (exclusively) adjudicate
the rights of the African people, bec African people had no part in
making or legitimising the system that the US court is a part of. Dont
you see what problem we will be facing if the US court says that
fairness of process or whatever demands that .africa goes to DCA. If you
were an African, what would you feel?

An ICANN under international law will be subject to only an
international judicial process, which Africa is equally a part of, and
gives legitimacy to.

parminder


>
> Jordan
>
> On 19 June 2016 at 07:26, parminder <parminder at itforchange.net
> <mailto:parminder at itforchange.net>> wrote:
>
>
>
>     On Sunday 19 June 2016 04:13 AM, Paul Rosenzweig wrote:
>>
>>     The Economist | A virtual turf war: The scramble for .africa
>>     http://www.economist.com/news/middle-east-and-africa/21700661-lawyers-california-are-denying-africans-their-own-domain-scramble?frsc=dg%7Cd
>>
>
>     Not that this fact is being discovered now, but it still is the
>     simplest and clearest proof that US jurisdiction over ICANN's
>     policy processes and decisions is absolutely untenable. Either the
>     US makes a special legal provision unilaterally foregoing
>     judicial, legislative and executive jurisdiction over ICANN policy
>     functions, or the normal route of ICANN's incorporation under
>     international law is taken, making ICANN an international
>     organisation under international law, and protected from US
>     jurisdiction under a host country agreement.
>
>     parminder
>>
>>     Paul Rosenzweig
>>
>>
>>
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>
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>
>
>
> -- 
> Jordan Carter
> Wellington, New Zealand
>
> +64 21 442 649 
> jordan at jordancarter.org.nz <mailto:jordan at jordancarter.org.nz>
>

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