[CCWG-ACCT] premature jurisdiction debates

Thu Jun 23 08:27:38 UTC 2016

Hi,

The ccTLD and the gTLD/other TLDs records are within the ICANN root. While
there are procedures that ensures a distributed control, the reality
remains that the one who maintains the root has the overall "technical
control" which is Verisign. The community/ICANN/ccTLD et all trust that
they will continue to respect laid down process and not go out of scope.

That symbolises the principle for which the internet was built upon which
is trust at the middle of all our political and personal interests.

Regards
Sent from my LG G4
Kindly excuse brevity and typos
On 23 Jun 2016 6:25 a.m., "Phil Corwin" <psc at vlaw-dc.com> wrote:

> Appreciate your intervention, Greg.
>
> As you point out, my main point was that ICANN maintains an accurate root
> zone file (yes, with VeriSign performing the actual technical work, now
> under contract with the USG, soon to be under contract with ICANN) and has
> no control over the operation of a ccTLD.
>
> I stand corrected on my use of the word "control" in regard to the
> relationship between a national government of the country with which the
> particular ccTLD is associated, and this denizen of the gTLD sector looks
> forward to learning more about ccTLDs.
>
> 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
>
> Sent from my iPad
>
> On Jun 22, 2016, at 6:45 PM, Greg Shatan <gregshatanipc at gmail.com> wrote:
>
> I think the more germane (and more accurate) statement of Phil's was the
> second part of his couplet:
>
> ICANN maintains the root zone, it doesn't decide who performs technical
> and other  operations for a given ccTLD.
>
> (Yes, actually the Root Zone Maintainer (currently Verisign) actually
> maintains the root zone, not ICANN.  The point is the powerlessness of
> ICANN to actually cause (rather than receive, verify and transmit) changes
> to the root.  This will be even more so when Root Zone administration is in
> a separate corporation (currently known as PTI).)
>
> I know enough about ccTLD "control" to know that any generality about
> ccTLD control is false.  Even this one.
>
> Greg
>
> On Wed, Jun 22, 2016 at 6:36 PM, Stephen Deerhake <sdeerhake at nic.as>
> wrote:
>
>> Greetings Phil.
>>
>> You state:
>>
>> > I'm not familiar with the details on that. But any nation controls its
>> own
>> ccTLD.
>>
>> Can you cite any statute (US or otherwise) or policy (IETF, IANA, ICANN,
>> etc.) that supports your claim that "...any nation controls its own
>> ccTLD."?
>>
>> Thank you.
>>
>> Regards,
>>
>> Stephen Deerhake
>> .AS Domain Registry
>> GDNS, LLC
>>
>> -----Original Message-----
>> From: accountability-cross-community-bounces at icann.org
>> [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of
>> Phil
>> Corwin
>> Sent: Wednesday, June 22, 2016 5:30 PM
>> To: Nigel Roberts <nigel at channelisles.net>;
>> accountability-cross-community at icann.org
>> Subject: Re: [CCWG-ACCT] premature jurisdiction debates
>>
>> 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
>> 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
>>
>> -----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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>> >
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