[CPWG] ICANN orgs responds to digital Services Act initiative Public Consultation launched by European Commission

[Olivier MJ Crépin-Leblond]

Thanks for your follow-up Michele.

So purely under contractual arrangements, in your case the Registrar
Accreditation Agreement, which I guess is the one found at
https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en
the agreement mentions California enough times to be fair to assume that
it follows the law of California - especially since dispute resolution
in section 5.8 mentions the rules of the International Arbitration Rules
of the American Arbitration Association ("AAA").

So of course ICANN cannot ask you to do something which is contrary to
Irish Law, but we've seen that it has in the past, for example the
Registrar Data Retention Program? You and I know that ICANN has a
process for requesting a Waiver of Data Retention, outlined on
https://www.icann.org/resources/pages/retention-2013-09-13-en
But ultimately, isn't ICANN the final decider of whether it gives you
that waiver or not, according to its rules outlined in
https://www.icann.org/resources/pages/waiver-request-process-2013-09-13-en?
They are not required to do so by US law, are they?

Kindest regards,

Olivier


On 18/09/2020 17:04, Michele Neylon - Blacknight wrote:
>
> Olivier
>
>  
>
> ICANN is a US entity.
>
>  
>
> My company is an Irish entity.
>
>  
>
> ICANN cannot force us to do anything that is not legal under Irish law.
>
>  
>
> So choosing the jurisdiction is kind of meaningless
>
>  
>
> Regards
>
>  
>
> Michele
>
>  
>
>  
>
> --
>
> Mr Michele Neylon
>
> Blacknight Solutions
>
> Hosting, Colocation & Domains
>
> https://www.blacknight.com/
>
> https://blacknight.blog/
>
> Intl. +353 (0) 59  9183072
>
> Direct Dial: +353 (0)59 9183090
>
> Personal blog: https://michele.blog/
>
> Some thoughts: https://ceo.hosting/
>
> -------------------------------
>
> Blacknight Internet Solutions Ltd, Unit 12A,Barrowside Business
> Park,Sleaty
>
> Road,Graiguecullen,Carlow,R93 X265,Ireland  Company No.: 370845
>
>  
>
>  
>
> *From: *CPWG <cpwg-bounces at icann.org> on behalf of Olivier
> Crepin-Leblond <ocl at gih.com>
> *Date: *Thursday 17 September 2020 at 19:04
> *To: *Lutz Donnerhacke <lutz at donnerhacke.de>, "cpwg at icann.org"
> <cpwg at icann.org>
> *Subject: *Re: [CPWG] ICANN orgs responds to digital Services Act
> initiative Public Consultation launched by European Commission
>
>  
>
>  
>
> On 17/09/2020 10:04, Lutz Donnerhacke wrote:
>
>         The one strong point of a centralised system is that the centraliser can
>
>         chose the jurisdiction.
>
>     No, he can't. That's the whole point.
>
>
> So if the centraliser was ICANN, you are saying that ICANN cannot
> choose to use US jurisdiction?
> Kindest regards,
>
> Olivier
>

-- 
Olivier MJ Crépin-Leblond, PhD
http://www.gih.com/ocl.html

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