[CCWG-ACCT] FW: The Irritating Irresolution of ICANN Jurisdiction

Phil Corwin psc at vlaw-dc.com
Mon May 23 20:10:40 UTC 2016


As this relates to the discussion of jurisdiction in WS2, I thought I would share it...


Subject: FW: The Irritating Irresolution of ICANN Jurisdiction

FYI, I have just published a new article that elaborates on what jurisdictional matters concerning ICANN are addressed in the draft revised Bylaws, and what remaining jurisdictional matters remain to be discussed and resolved in Work Stream 2. The link below links to a shorter version of the article, and also provides a link to the full 10,000-plus word version.

My analysis concludes with a recommendation that the matter of ICANN's permanent jurisdictional locus should be resolved as soon as possible during Work Stream 2 through adoption of a Fundamental Bylaw requiring ICANN to be a non-profit corporation headquartered in the United States. This would be the best means to assure that ICANN does not become an IGO in the post-transition period, a result that is specifically prohibited by the NTIA's March 2014 criteria for the transition.

I hope you find this useful in your own consideration of the transition and accountability proposals, and in preparing for Work Stream 2 discussions. If you have any comments or questions please feel free to contact me.

Best regards, Philip

http://www.circleid.com/posts/20160523_the_irritating_irresolution_of_icannjurisdiction/


Philip S. Corwin, Founding Principal
Virtualaw LLC
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Washington, DC 20004
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Twitter: @VLawDC

"Luck is the residue of design" -- Branch Rickey

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