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

[Greg Shatan]

Carlton:

You haven't actually answered my question: What are the jurisdictional
concerns raised if IANA (now a division within ICANN) was put into a
non-profit corporate entity resident and incorporated in California?

I don't think that separability and jurisdiction are conjoined issues.
Separability primarily has to do with the ability to remove the IANA group
from ICANN control at some future time if actions of ICANN make that
necessary at some future time.  This can be done perfectly well (and much
more easily) without putting IANA in a separate jurisdiction.

As for "US control" -- I don't see how that fits into the discussion here,
which is about the physical and legal location of a private (i.e.,
non-governmental) entity.  I fail to see the connection to "US control.".
Please let me know what your specific concerns are in this regard.

Thanks.

Greg Shatan

On Thu, Nov 6, 2014 at 3:28 PM, Carlton Samuels <carlton.samuels at gmail.com>
wrote:

>
> On Thu, Nov 6, 2014 at 2:10 PM, Greg Shatan <gregshatanipc at gmail.com>
> wrote:
>
>> I suppose there has been some discussion of putting IANA, Inc. in a
>> different jurisdiction -- which goes back to the original question of what
>> jurisdictional concerns do stakeholders actually have?
>
>
> You got that right!  And it stems from the common and sustained political
> undercurrent to this entire debate, what some bluntly - and maybe
> intemperately - refer as 'US control'. This is what makes separability and
> jurisdiction like conjoined twins; one goes everywhere with the other until
> you decided to maybe sacrifice one or other.
>
> To dismiss - or rather ignore - it will not let it go away. And, naysaying
> does violence to reason.
>
> -Carlton
>
>
>
> ==============================
> Carlton A Samuels
> Mobile: 876-818-1799
> *Strategy, Planning, Governance, Assessment & Turnaround*
> =============================
>
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