[CCWG-ACCT] The crusade for clarity continues

[Zakir Syed]

What would be the criteria for the acceptability of such a "superior jurisdiction"?


      From: John Laprise <jlaprise at gmail.com>
 To: Kavouss Arasteh <kavouss.arasteh at gmail.com>; "Mueller, Milton L" <milton at gatech.edu> 
Cc: "ws2-jurisdiction at icann.org" <ws2-jurisdiction at icann.org>; "accountability-cross-community at icann.org" <accountability-cross-community at icann.org>
 Sent: Friday, December 30, 2016 3:59 AM
 Subject: Re: [CCWG-ACCT] The crusade for clarity continues
   
"Any stable jurisdiction where the corporate law provides suitable accountability would do."This is the crux of the argument regarding jurisdiction. Until advocates of ICANN relocation can identify a superior jurisdiction acceptable to all, the question is moot and should be tabled with Kavous's and Parminder's objections noted.
On Thu, Dec 29, 2016, 4:50 PM Kavouss Arasteh <kavouss.arasteh at gmail.com> wrote:

Dear Professor,You put too much emphasis on private .Please read Bylaws Core value and the R9ole of Governments RegardsKavouss 
2016-12-29 23:01 GMT+01:00 Mueller, Milton L <milton at gatech.edu>:

Milton, since you seem to so very clear about everything, and on a crusade to correct everyone's confusions MM: Oh dear, I’ve been called a “crusader.” (It almost made me fall off my horse.) can you give us an example of such "jurisdiction that does not involve national borders at all", without it implying an agreement reached among states. Are you promoting US jurisdiction as such jurisdiction without borders? MM: ICANN was based on a strategy of globalization through private law. In order to avoid jurisdictional fragmentation of the domain name system, it created a global governance agency based on private contracts. Of course as a private corp ICANN has to be incorporated somewhere, in this case for historical reasons it was the US. It then issues private contracts that apply anywhere, like other multinationals. It does not have to be incorporated in the US to follow this strategy. Any stable jurisdiction where the corporate law provides suitable accountability would do. So the short answer to your typically manipulative question is no, I am not promoting “US jurisdiction as such,” I am calling attention to the rationale behind the original decision to make ICANN a private nonprofit.  
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