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

[Jordan Carter]

All:

My view *at this stage* is that there are clear advantages to California
jurisdiction that other less transparent regimes would find hard to match.
If there was to be an IANA subsidiary company wholly owned by ICANN (a
viable option), then it would make sense for it to be in the same
jurisdiction.

I don't want to see ICANN or IANA pretending to become IGOs and retreating
to the secrecy of Swiss law or anything like that, personally.

That said, I am aware of many criticisms of how ICANN has used the
"California law" card as a way to get out of things. The truth of those is
beyond my experience, but I wonder how often the courts of California have
decided those issues, rather than assertions by ICANN legal?  My suspicion
is the courts haven't played much of a role - or in other words, that it
may not be the California jurisdiction that's the problem so much as how it
is being interpreted...

best,
Jordan

On 4 November 2014 05:33, Greg Shatan <gregshatanipc at gmail.com> 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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>
>


-- 
Jordan Carter

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*InternetNZ*

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