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

[Dr Eberhard W Lisse]

Dear Co-Chairs,

permit me to star, or not, that this is nonsense.

el

On 2016-05-23 08:27 , Mueller, Milton L wrote:
> 
>> -----Original Message-----
>>
>> Indeed, there is no definitive determination as to whether
>> property is involved.
> 
> Incorrect.  For people who know what the IANA actually does, there
> is little doubt about this question.  Neither the authoritative
> root zone file nor the ability to modify it is "government
> property" For those who care to listen to reason, the issue is
> explained here:
> http://www.internetgovernance.org/2015/09/29/does-the-iana-transition-constitute-a-transfer-of-us-government-property/
> 
> I was around and involved in 2000.  The 2000 GAO report was
> commissioned during a highly partisan period in which a certain
> business interest very much wanted a finding that it was
> government property and could not be transferred to ICANN. The GAO
> basically ducked the issue, indicating that it could not support
> such a finding but in order to keep the Senator who commissioned
> the report (who was acting on behalf of that business interest)
> happy, said that it was "inconclusive."
> 
> But look at what they _do_ say:
> 
> "The Department undertook its domain name system management
> responsibilities to carry out the President's directive to support
> efforts to privatize the domain name system.  Under these
> circumstances, neither the Department nor any other federal agency
> is under an explicit statutory obligation to manage the domain
> name system including control over the authoritative root server."
> 
> "The Department has no specific statutory obligations to manage
> the domain name system or to control the authoritative root
> server."
> 
> "control over the authoritative root server is not based on any
> statute or international agreement"
> 
> The 1998 modification of the Verisign cooperative agreement in
> which the US Commerce Department asserted authority over RZF
> modifications does not assert or in any way suggest that this
> power is "government property."
> 
> Case closed.
> 
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> 

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