[CCWG-ACCT] Weinstein v. Iran

[Greg Shatan]

David,

I agree with your reading on this point of the opinion (and commented to
that effect on Phil's CircleID piece).

Greg

On Wed, Aug 3, 2016 at 5:36 PM, David Post <david.g.post at gmail.com> wrote:

> At 09:37 AM 8/3/2016, Phil Corwin wrote:
>
> Content-Language: en-US
> Content-Type: multipart/alternative;
>
> boundary="_000_8E84A14FB84B8141B0E4713BAFF5B84E21188D2AExchangesierrac_"
>
> FYI, yesterday I published a short article on the decision which can be
> found at
> http://www.circleid.com/posts/20160802_court_of_appeals_avoids_doomsday_effect_in_iran_cctld_decision/
>
>
>
> One small-ish quibble:  you write:
>
> "In reaching its decision, the Court *opined *(but did not decide) that a
> top level domain constitutes an attachable property interest."
>
> Not sure that's strictly correct.  I think "opined" implies that the court
> expressed an opinion about the matter (without actually deciding it).  But
> I don't think it did express an opinion one way or the other; it simply
> said that it would "assume" that the ccTLDs constitute property, without
> really considering the matter, because it would have no impact on the
> outcome.
> I know it's a nit ... but the question of whether TLDs are "property" is
> sure to come up again, and I don't think this opinion is any support at all
> - even weak support - for the notion that they are.
> David
>
>
>
> In it I state:
> In my view, this result avoids the possibility of a major erosion of
> confidence and participation in ICANN by ccTLD operators by making clear
> that a respected Court of Appeals in the U.S. possesses adequate technical
> understanding of the DNS to avoid a legal decision that could lead to
> technical and political instability ­ many nations would not wish to
> continue in a DNS coordinated by a U.S. non-profit corporation if it could
> be ordered by a U.S. court to transfer control of any nation's ccTLD. This
> decision will also hopefully tamp down calls by some parties for ICANN's
> place of incorporation to be moved outside of the U.S. by demonstrating
> that ICANN's jurisdiction does not create a threat to other nation's
> ccTLDs. Remaining jurisdiction issues will be addressed in work stream 2 of
> ICANN's ongoing accountability process.
>
> Best regards to all
>
>
>
>
>
>
>
>
>
>
>
> *Philip S. Corwin, Founding Principal Virtualaw LLC 1155 F Street, NW
> Suite 1050 Washington, DC 20004 202-559-8597 <202-559-8597>/Direct
> 202-559-8750 <202-559-8750>/Fax 202-255-6172 <202-255-6172>/Cell   Twitter:
> @VlawDC *
>
> *"Luck is the residue of design" -- Branch Rickey *
> *From:* accountability-cross-community-bounces at icann.org [
> mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>] *On Behalf Of *Paul
> Rosenzweig
> *Sent:* Wednesday, August 03, 2016 9:28 AM
> *To:* 'CCWG-Accountability'
> *Subject:* [CCWG-ACCT] Weinstein v. Iran
>
> For those following along in the effort to attach the .ir (and other)
> ccTLDs, the appellate court issued an opinion yesterday affirming the
> decision of the court below rejecting the effort to attach the domain
> (albeit on different grounds).  Here is a link to the opinion:
> https://www.cadc.uscourts.gov/internet/opinions.nsf/D35ACE5F0E9673C085258003005094AE/$file/14-7193.pdf
>
> Paul
>
> Paul Rosenzweig
> 509 C St. NE
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