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<div class="moz-cite-prefix">On Friday 10 February 2017 04:07 AM,
Kavouss Arasteh wrote:<br>
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cite="mid:CACNR4-KAkQ67H+xz_x-juLfC1q0Fyt3MtgTMfUQs7wdq5Yv7zA@mail.gmail.com"
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<div><strong>Dear Greg</strong></div>
<div><strong>As raised in todays's meeting </strong></div>
<div><strong>To become ICANN Accredited Registrar, all
registrars need to sign a contract with ICANN and ICANN
should applies some criteria before accepting the
registrar. ICANN is a US Entity and can't get involved into
any contract with the </strong><strong>people of </strong></div>
<strong>
<div> some countries This means having an Accredited
Registrar for .com and .net and many more gTLDS in those
countries is almost impossible. The is business blocker.</div>
<div>This is an important issue to be carefully examined and
resolve.</div>
<div>The question is whether after the transition, still ICANN
refrain to sign the contract in question ,if no where that
is reflected and if yes, what solution is available to
remove such discrimination .</div>
</strong></div>
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<br>
Obviously nothing changes in this regard with the IANA transition.
ICANN remains as much a US organisation, and as much subject to US
laws, including those about sanctions, as it always was. Therefore
the problematic situation for registrars in the sanctioned countries
remain as it was. Not only registrars cannot function in the US
sanctioned countries, but it will be pretty impossible for
registries for TLDs to function. (A <a
href="https://en.wikipedia.org/wiki/Chilling_effect">chilling
effect </a>already operates whereby there is no sense in any
business from these countries applying for a gTLD. Meanwhile, there
is no way to "prove" the existence of such a chilling effect by
prior documented instances as had wrongly been made the condition of
what is admitted as facts in this sub group -- that is a part of
the very meaning of the chilling effect, that it exists but does not
show in action, it shows in inaction.)<br>
<br>
Further, there have been instances where US based registrars have
cancelled domain name accounts of entities in such countries. Please
see this in case of Crimea based entities
<a class="moz-txt-link-freetext" href="http://atlarge-lists.icann.org/pipermail/na-discuss_atlarge-lists.icann.org/2015-March/008612.html">http://atlarge-lists.icann.org/pipermail/na-discuss_atlarge-lists.icann.org/2015-March/008612.html</a>
. <br>
<br>
Even if while writing contracts ICANN were to become so generous as
to make the jurisdiction of non US registrars and registries as the
chosen law for adjudication (and there is no likelihood that it will
ever get so generous), this applies only to civil matters and not
public law, as the laws backing US sanctions are. However the
contracts are written, registries, registrars, and ordinary domain
owners in countries under sanctions by the US (currently or in the
future) remain in an extreme difficult, if not fully
non-operational, position.<br>
<br>
What is this sub group's response to this fact? That is if indeed we
work on the behalf of the whole Internet community.<br>
<br>
As a sub-group we need to begin addressing these specific problems
and questions, rather than going in rounds and rounds without making
any movement at all. We need to address what is wrong or could
possibly be wrong, not write tomes on what is right and going well.
There is always something right and going well, the issues to
address are what is not, and what to do about it.<br>
<br>
parminder <br>
<br>
<br>
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<div>Regards</div>
<div>Kavouss </div>
<span>
<div><br>
</div>
</span></strong></div>
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