[Ws2-jurisdiction] Our work so far, and a way forward

Kavouss Arasteh kavouss.arasteh at gmail.com
Mon Oct 17 21:46:52 UTC 2016


Dear All,
It is good that  Grec and Milton speak the same language
Kavouss

2016-10-17 21:07 GMT+02:00 Mueller, Milton L <milton at gatech.edu>:

> Good answer, Greg. Glad you had the time and patience to wade through all
> that.
>
> One final point:
>
>
>
> 5. What if the FCC revises its decision of forbearance about its authority
> over Internet addressing system (as it did on the issue of whether Internet
> was title one or title two)?
>
> MM: This would require legislation, because nothing in the existing
> Communications Act gives the FCC any authority over DNS or IP addressing.
> So this is just another example of “what if the US legislates to regulate
> ICANN in some way?” Which of course is a risk if ICANN were in ANY
> jurisdiction.
>
> This is not true -- in the same way as, without any new legislation, FCC
> revised its stand on forbearance over seeing Internet as a telecom utility,
> and made it title 2.
>
>
>
>
>
> You really shouldn’t try to lecture US telecom policy people on our own
> laws and regulatory processes. Put simply, Title 1 and Title 2 were in the
> law, and it was within the FCC’s authority to classify broadband internet
> service providers as an unregulated info service or as a regulated common
> carrier. Here’s the problem for you: ICANN, DNS and IP addresses are NOT
> mentioned in the law in any way, thus new legislation would have to be
> passed for the FCC to do anything. And as I pointed out before, legislation
> to control or regulate ICANN could happen wherever it is located.
>
>
>
> Dr. Milton L Mueller
>
> Professor, School of Public Policy <http://spp.gatech.edu/>
>
> Georgia Institute of Technology
>
> Internet Governance Project
>
> http://internetgovernance.org/
>
>
>
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>
>
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