[CCWG-ACCT] latest letter from Cruz et al FYI

[Phil Corwin]

Indeed, there is no definitive determination as to whether property is involved. 

And as we are all aware of the keen importance of IP to the digital realm, let's also remember that 21st century property can be quite intangible. 

Philip S. Corwin, Founding Principal
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"Luck is the residue of design" -- Branch Rickey

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> On May 21, 2016, at 2:51 PM, Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com> wrote:
> 
> Indeed, the only neutral assessment I know of (from 2000) says that the
> property issue is indeterminate:
> 
> "The question of whether the Department [of Commerce] has the authority to
> transfer control of the authoritative root server to ICANN is a difficult
> one to answer. Although control over the authoritative root server is not
> based on any statute or international agreement, the government has long
> been instrumental in supporting and developing the Internet and the domain
> name system. The Department has no specific statutory obligations to manage
> the domain name system or to control the authoritative root server. It is
> uncertain whether transferring control would also include transfer of
> government property to a private entity. Determining whether there is
> government property may be difficult. To the extent that transition of the
> management control to a private entity would involve the transfer of
> government property, it is unclear if the Department has the requisite
> authority to effect such a transfer."
> 
> Robert P. Murphy, General Counsel, "Department of Commerce: Relationship
> with the Internet Corporation for
> Assigned Names and Numbers Government Accountability Office," July 7, 2000,
> B-284206, http://www.gao.gov/new.items/og00033r.pdf
> 
> As Nigel said, a pending court case may (or may not) resolve the issue with
> some authority.  And I have been told that an internal Departmental analysis
> (which, to the best of my knowledge, has not been made public) supports the
> proposition that the transition may occur.  Meanwhile, GAO is in the midst
> of another study that has yet to be concluded.  Perhaps someone can point me
> to an authoritative determination that the property question is "completely
> discredited."
> 
> Regards
> Paul
> 
> Paul Rosenzweig
> paul.rosenzweig at redbranchconsulting.com
> O: +1 (202) 547-0660
> M: +1 (202) 329-9650
> VOIP: +1 (202) 738-1739
> www.redbranchconsulting.com
> My PGP Key
> 
> 
> -----Original Message-----
> From: accountability-cross-community-bounces at icann.org
> [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Nigel
> Roberts
> Sent: Saturday, May 21, 2016 12:38 PM
> To: accountability-cross-community at icann.org
> Subject: Re: [CCWG-ACCT] latest letter from Cruz et al FYI
> 
> And indeed, the Weinstein case is likely to provide a large step towards
> clarifying.
> 
> If the TLD of Iran is ruled to be property under US (irrespective of whether
> it's ATTACHABLE property) then exactly as set out by Postel in
> 881/882 the same rationale will apply both below and above it in the DNS
> tree.
> 
> 
> 
>> On 21/05/16 17:21, Dr Eberhard W Lisse wrote:
>> Dear Co-Chairs,
>> 
>> if I were corresponding with this man I would point out to him that 
>> the property claim has never been settled other than in his mind, 
>> perhaps.
>> 
>> greetings, el
>> 
>>> On 2016-05-21 17:09 , Mueller, Milton L wrote:
>>> [...]
>>> completely discredited arguments (such as the "government property" 
>>> claim,
>> [...]
>> 
>> 
>> 
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