[CPWG] [ECAdmin] Correspondence

[Holly Raiche]

Folks

This is not about the US and ICANN.  It is about legal systems in which an entity exists.  If ICANN headquarters were in Sydney, (and depending on the matter), any NSW Court (or Federal Court) could compel compliance by ICANN on corporate issues - as would be the case if ICANN were in Brussels, kuala Lumpur or Brazil.  While ever ICANN has a legal status of any kind, it is subject to the jurisdiction of that nation.  Yes, having located in the US was an issue at the time.  But national and EU law would have applied had ICANN been based in Europe, etc, etc. .  And given the size, assets, etc it would be incredibly foolhardy for ICANN NOT to be incorporated somewhere, so there would be protection (as well as obligation) for the corporation.

Holly

> On Feb 6, 2020, at 7:47 AM, Bill Woodcock <woody at pch.net> wrote:
> 
> 
> 
>> On Feb 5, 2020, at 9:29 PM, Roberto Gaetano <mail.roberto.gaetano at gmail.com> wrote:
>> The irony is that we have spent years of heavy work by the whole community to free ICANN up from the ties with US government and replace this supervision by a multi-stakeholder body just to find out that the only body that can force disclosure by ICANN about discussions hidden from the community is a US court.
>> 
>> Sad, very sad.
> 
> Indeed, it is very sad and very frustrating.  The US government seems to have truly gotten over its desire to manage the Internet, and now we’ve got ICANN pulling them back in through this sort of childish behavior.
> 
>                                -Bill
> 
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