[CCWG-ACCT] premature jurisdiction debates

[Phil Corwin]

I'm not familiar with the details on that. But any nation controls its own ccTLD. 

ICANN maintains the root zone, it doesn't decide who performs technical and other  operations for a given ccTLD.

Philip S. Corwin, Founding Principal
Virtualaw LLC
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Twitter: @VlawDC
 
"Luck is the residue of design" -- Branch Rickey

-----Original Message-----
From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Nigel Roberts
Sent: Wednesday, June 22, 2016 5:11 PM
To: accountability-cross-community at icann.org
Subject: Re: [CCWG-ACCT] premature jurisdiction debates

And the redelegation of .US  . . . .


On 22/06/16 20:39, Phil Corwin wrote:
> So long as we have a common understanding of what would constitute 
> "interference by the U.S. government" (of which there has been little 
> to none since ICANN's inception, with the possible exception of the 
> delay in .xxx delegation to the root). I presume you are advocating 
> deciding upon a process to address such an occurrence, rather than 
> making a decision now about an alternate jurisdiction for a situation 
> that may never arise, or occur decades from now.
>
> I'll start that discussion by stating that it would likely include 
> interference in ICANN's policymaking process (outside of advocacy 
> within the GAC) or trying to block or compel a change in the root 
> zone, through methods that are inconsistent with the Bylaws.
>
> I don't think it should include private litigation brought against 
> ICANN and heard in state or federal court; or law enforcement actions, 
> such as bringing an antitrust action if there is an allegation of 
> illicit pricing decisions, or criminal charges against an ICANN 
> employee for embezzlement, etc.
>
> *Philip S. Corwin, Founding Principal*
>
> *Virtualaw LLC*
>
> *1155 F Street, NW*
>
> *Suite 1050*
>
> *Washington, DC 20004*
>
> *202-559-8597/Direct*
>
> *202-559-8750/Fax*
>
> *202-255-6172/Cell***
>
> **
>
> *Twitter: @VlawDC*
>
> */"Luck is the residue of design" -- Branch Rickey/*
>
> *From:*accountability-cross-community-bounces at icann.org
> [mailto:accountability-cross-community-bounces at icann.org] *On Behalf 
> Of *Mueller, Milton L
> *Sent:* Wednesday, June 22, 2016 3:15 PM
> *To:* Guru Acharya; Roelof Meijer
> *Cc:* accountability-cross-community at icann.org
> *Subject:* [CCWG-ACCT] premature jurisdiction debates
>
> In the reflexive approach, you would ask "what are the institutional 
> mechanisms or procedures to ensure that jurisdiction issue can be 
> addressed in an adverse situation where the US jurisdiction is longer 
> tenable, however rare it may it?" In the absolute rarest of rare cases 
> that the US legislature or judiciary try to interfere with community 
> decisions (the black swan scenario), how would ICANN ensure that this 
> interference is contained/minimised? What are the institutional 
> mechanisms or procedures for addressing the situation where the US (or 
> any other) jurisdiction is no longer hospitable/ideal for the ICANN 
> policymaking or IANA functions? These are the questions that we should 
> be asking in the WS2 on jurisdiction.
>
> MM: I think this is a good point. Even advocates of US jurisdiction or 
> those who, like me, think there is just no better alternative and that 
> the disruption and risks caused by a change are not worth the 
> uncertain improvements, can easily agree that there should be 
> procedures or plans for how to respond to interference by the U.S. government.
>
> Dr. Milton L. Mueller
>
> Professor, School of Public Policy
>
> Georgia Institute of Technology
>
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