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

Milton L Mueller mueller at syr.edu
Fri Nov 7 04:56:01 UTC 2014


I don’t see separability and jurisdiction as ‘conjoined twins,’ Carleton. One could change the jurisdiction of
ICANN/IANA without making IANA separable, and you could separate IANA from ICANN without changing jurisdiction.

From: cwg-rfp3-bounces at icann.org [mailto:cwg-rfp3-bounces at icann.org] On Behalf Of Carlton Samuels
Sent: Thursday, November 6, 2014 3:29 PM
To: Greg Shatan
Cc: cwg-rfp3 at icann.org; Lindeberg, Elise
Subject: Re: [CWG-RFP3] Is there is a more suitable legal jurisdiction for anIANA subsidiary?


On Thu, Nov 6, 2014 at 2:10 PM, Greg Shatan <gregshatanipc at gmail.com<mailto: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
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Strategy, Planning, Governance, Assessment & Turnaround
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