[CWG-RFP3] Is there is a more suitable legal jurisdiction for an IANA subsidiary?

Paul M Kane Paul.Kane at icb.co.uk
Mon Nov 3 18:07:55 UTC 2014


Thanks Greg - ( I look forward to meeting you and thanks for taking on 
the role).....

I do not consider it appropriate to form a separate entity for IANA... 
nor change jurisdiction.

It would be appropriate to emphasise the importance of keeping IANA as a 
separate/independent/fire-walled service unit within ICANN.

Regarding gTLD, the contracts with ICANN stipulate Californian jurisdiction.

Regarding ccTLDs - the vast majority of ccTLDs do not have contracts 
with ICANN (and most don't need/want one) and disputes within ccTLDs are 
handled in the jurisdiction in which the Registry is based - IANA's role 
is simply to record the determination.

Best

Paul





Greg Shatan wrote:
> All:
>
> Here is Robert's second question (which I think also applies to the 
> concept of a fully independent IANA):
>
> *For  option #2.
>
> - Is there is a  jurisdiction that ICANN has (or can obtain) legal 
> status might be more suitable to use to create IANA as a subsidiary. 
> Such an option might allow for the link to be a subsidiary of ICANN, 
> but sever the legal link to the US. A negative, of course, would be 
> moving the function and existing staff to a new part of the world.*
>
> Comments and discussion?
>
> Greg
>
>
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