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

[Dr Eberhard W Lisse]

s/star/state/

el

On 2016-05-23 08:47 , Dr Eberhard W Lisse wrote:
> 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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>>
> 


-- 
Dr. Eberhard W. Lisse			Maison Postel, Ollivier St
<Directors at omadhina.net>		Alderney, Guernsey, GY9 3TD
Omadhina Internet Services Ltd		British Channel Islands