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

[Alan Greenberg]

I don't think it matters. I am presuming whoever "ordered" is 
empowered to do so. The most common would be a US court, but I am 
guessing that there might be other agencies that have similar powers 
(perhaps under national security laws).

Let me be more specific;

A change of venue for IANA seems to be driven by a desire to remove 
it from ICANN's US jurisdiction.

Presume IANA is now a wholly owned subsidiary incorporated in Lower 
Slobovia and is no longer directly subject to US law.

My question is whether a US court (or other similarly empowered 
agency of the government) can order ICANN, which IS within their 
jurisdiction, to require its wholly owned subsidiary to do something? 
If that is the case, the benefits of the change of jurisdiction are negated.

Alan

At 07/11/2014 12:42 AM, Greg Shatan wrote:
>Alan,
>
>Ordered by whom?  Under what circumstances?
>
>Thanks.
>
>Greg
>
>On Fri, Nov 7, 2014 at 12:22 AM, Alan Greenberg 
><<mailto:alan.greenberg at mcgill.ca>alan.greenberg at mcgill.ca> wrote:
>An issue I raised earlier: If IANA were a wholly owned subsidiary of 
>ICANN incorporated in ANY jurisdiction, I suspect (but do not know) 
>that ICANN, which is subject to US law, might be ordered to have its 
>subsidiary take some action, negating the benefits of its 
>incorporation and residence elsewhere.
>Alan
>
>At 03/11/2014 11:33 AM, 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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