[CCWG-ACCT] Testimony from Fadi Chehade at the USA Senatehearing

[Rahul Sharma]

Hi Wolfgang,

Global laws or International law mean codes developed by collaboration of
nation states and other stakeholders, whether developed as laws (eg: Law of
Armed Conflict) or through multilateral treaties or International
acceptable standards/ conventions (such as for human rights) or as code of
conduct, that will be applicable to the body managing and coordinating
critical Internet resources and their usage, and its policies. Arbitration
matters can also be decided - whether to be taken to International Court of
Justice (ICJ) or if alternate arrangements need to be devised.

What laws and provisions should determine whether a particular domain is
acceptable or not, or when domain seizure can take place based on local
court decisions citing IP infringement, or whether citizens of a particular
nation states can apply for gTLDs or not, or whether domains can be
cancelled based on territory? These, and many more, are all teething
questions for which global community seeks answer, which just cannot be
left without being discussed in detail. I understand Brazilian government
too raised this point in GAC meeting in ICANN 52.

Different stakeholders from India gathered together yesterday in New Delhi
to discuss on developments specifically related to IANA transition and
ICANN Accountability. CCWG Co-chair Mathieu Weill also made a brief
presentation remotely. When asked about this particular question, he too
was surprised that this aspect wasn't discussed in detail by the
community. Prof.
Milton Mueller too updated us all on ICG activities and he too was
surprised why there hasn't been detailed discussion on the subject in the
community.

Seek inputs of all to discuss this in detail.

Warm Regards,
Rahul Sharma


On 11 March 2015 at 14:09, "Kleinwächter, Wolfgang" <
wolfgang.kleinwaechter at medienkomm.uni-halle.de> wrote:

> Rahul:
>
> ICANN & its functions should be subject to global laws, not state of
> California laws?
>
> Wolfgang:
> Could you specify what "global laws" means?
>
>
>
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