[CCWG-ACCT] Jurisdiction Proposed Questions and Poll Results
Sam Lanfranco
sam at lanfranco.net
Tue Dec 20 15:30:18 UTC 2016
I short follow up to John's and Parminder's comments might be in order
here. The first point is that the concept of "jurisdictional immunity"
is always conditional since, unlike gravity or the speed of light, it is
never an external given. There are multiple cases, at various levels,
where, as John has pointed out, for whatever immunity: "those that
giveth taketh away". The second point is immunity when all governments
sign off is a multilateral treaty, which ICANN has wisely avoided, and
from the formation to implementation is not without its problems.
From my humble perspective our task at hand is to make ICANN the best
practice, best case, realization of a social enterprise with a defined
global mandate and remit. If, on that path ICANN's multstakeholder model
encounters jurisdictional issues, it confronts them. There is no Emerald
City jurisdiction, at the end of some yellow brick road, where ICANN can
simply move to and experience global jurisdictional immunity.
Sam Lanfranco, NOPC/csih
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