[Ws2-jurisdiction] Questions based on Parminder's statements in the last meeting about GAC participation

Greg Shatan gregshatanipc at gmail.com
Tue Feb 21 03:11:48 UTC 2017


All,

On our last call there were some remarks by Parminder about the position of
GAC members regarding ICANN.  It was not clear to me that GAC members
actually held the beliefs ascribed to them.  We were not able to determine
this on the call, one way or the other.  I've now excerpted the relevant
sections of the transcript and confirmed them against the audio.  These
sections are attached.  In addition to the question about the GAC, these
statements raise a few other questions:

*First, for any GAC members, is it your position that you agree with
Parminder's statements regarding GAC members?*

*Second, for all participants, do you agree that only a law that has been
democratically arrived at by all the citizens of the world can be applied
to ICANN?  Are you aware of any such body of law?*

*Third, for all participants, do you agree that US law cannot be applied to
ICANN because it has only been democratically arrived at by US citizens?*

*Fourth, for all participants, do you agree that if ICANN is sued in a
jurisdiction where it has an office, other than its jurisdiction of
incorporation and loses, that ICANN can avoid complying with the judgment
by closing its office in that jurisdiction?*

*Fifth, assuming for the sake of discussion that "ICANN primarily is a body
with a global government function and only secondarily, an US nonprofit,"
what is the relevance, if any, to our primary tasks of enhancing ICANN's
accountability and determining whether ICANN's accountability is negatively
affected by** its current jurisdictional set-up?*

Thank you.

Greg


*Greg Shatan*

C: 917-816-6428 <(917)%20816-6428>
S: gsshatan
Phone-to-Skype: 646-845-9428 <(646)%20845-9428>
gregshatanipc at gmail.com
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