[Ws2-jurisdiction] Issue: US's courts' judicial writ over all aspects of ICANN

Paul Rosenzweig paul.rosenzweig at redbranchconsulting.com
Wed Aug 30 18:52:06 UTC 2017


I have answered parminder -- I don't think ICANN can be immune from any law.
If Saudi wants to try and impose its law on ICANN regarding Qatar I will see
that as a mistake and argue against it.  But we can't stop it.

Also, of course, it hasn't happened so  you are tilting at windmills in a
vain effort to internationalize ICANN in a way that simply won't happen

Paul

Paul Rosenzweig
paul.rosenzweig at redbranchconsulting.com
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M: +1 (202) 329-9650
VOIP: +1 (202) 738-1739
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-----Original Message-----
From: ws2-jurisdiction-bounces at icann.org
[mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of parminder
Sent: Wednesday, August 30, 2017 7:48 AM
To: ws2-jurisdiction at icann.org
Subject: Re: [Ws2-jurisdiction] Issue: US's courts' judicial writ over all
aspects of ICANN


On Monday 28 August 2017 11:28 PM, Paul Rosenzweig wrote:
> And, of course, as well, as an entity operating in the UK, India, 
> Brazil, Iran, Australia and ... every other country in the world, 
> ICANN is also subject to the full range of those laws to the extent 
> those countries chose to apply them.  Since that choice is 
> =completely= independent of the place of incorporation this issue is a 
> non-issue for which no solution is possible, much less required.

Paul, you did not answer my question -- why are we seeking solutions to US
sanction regimes like OFAC, but not say of Saudi Arabia's over Qatar.... By
your logic we shd as much be doing so and it is unfair to just single out
OFAC. Any explanation you have -- I did ask the question before.

BTW, in pursuance of the same objective, that status qup should remain, Phil
keeps saying it is only where there are means of effective enforcement that
a law is meaningful (which I agree) and you keep saying it does not matter
and every legal regime, of every country, is equally applicable on ICANN.

parminder

>
> Paul
>
> Paul Rosenzweig
> paul.rosenzweig at redbranchconsulting.com
> O: +1 (202) 547-0660
> M: +1 (202) 329-9650
> VOIP: +1 (202) 738-1739
> www.redbranchconsulting.com
> My PGP Key:
> https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA06668
> 4
>
> -----Original Message-----
> From: ws2-jurisdiction-bounces at icann.org
> [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of Nigel Roberts
> Sent: Monday, August 28, 2017 3:43 AM
> To: ws2-jurisdiction at icann.org
> Subject: Re: [Ws2-jurisdiction] Issue: US's courts' judicial writ over 
> all aspects of ICANN
>
>
>
> On 28/08/17 03:31, parminder wrote:
>> Issue
>>
>> As a US based entity, ICANN is subject to full range of US laws.
> And how is this different from ANY jurisdiction ICANN might be 
> incorporated in?
>
> Unless you want to give ICANN UN-style diplomatic immunity, which I 
> would most vigorously continue to oppose.
>
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