[Ws2-hr] [Ws2-jurisdiction] .cat

[Nigel Roberts]

This, no doubt, will be the subject of appeals and legal proceedings at 
a number of rights under the ECHR are engaged, for both registry and 
registrants.

And there is no doubt that ECHR rights are legally enforceable in Spain.

Art 10 (free expression)
Art 6.1 (right to fair hearing)
Art 8 (right to privacy)
Art 1 of Prot 1 (right to property)

and possibly even Art 3 of Prot 1 as well (although the allegations of 
the Spanish state is that the referendum is not "in accordance with law")

In fact this case engages all the fundamental rights that ICANN needs to 
be concerned about.

It's a pity, however, that ICANN shied away from embracing and defending 
human rights, hiding behing the 'applicable law' figleaf, since as it 
stands, it seems to be that there is neither any obligation on ICANN to 
do anything, nor any power to do anything.


It's also instructive to note that .CAT is an ICANN-created gTLD 
(governed by gNSO based policy and contractual agreements) and not a 
ccTLD (to which subsidiarity applies), yet (as I predict will prove 
correct) ICANN and the gNSO have no standing or intervention in this 
action by the Spanish central authority.

I think this all clearly proves Paul Rosenzweig's point that ICANN's 
jurisdiction is irrelevant as national police forces and judicial 
authorities can apply national law to particular registries.

Under the Treaty of Rome, incidentally, the .CAT registry has the 
complete right to move it's operations to any of the other 27 Member 
states (soon to be 26) of the Union.  If it did that, would ICANN itself 
then come in the firing line from the Spanish courts, perhaps?


On 20/09/17 09:58, Thomas Rickert wrote:
> Hi all,
> you might find this article interesting.
>
> https://www.internetnews.me/2017/09/20/dotcat-registry-offices-raided-spanish-police/
>
> Best,
> Thomas
>
>
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