[Ws2-jurisdiction] ISSUE: In rem Jurisdiction over ccTLDs

[Kavouss Arasteh]

Dear All,
I fully support that comments which is a Fact.
Regards
Kavouss


On Tue, Aug 22, 2017 at 3:32 AM, Thiago Braz Jardim Oliveira <
thiago.jardim at itamaraty.gov.br> wrote:

> Dear All,
>
> For your consideration:
>
> Issue 3: In rem Jurisdiction over ccTLDs
>
> Description: US courts have in rem jurisdiction over domain names as a
> result of ICANN's place of incorporation, and US courts and US enforcement
> agencies could possibly exercise its exclusive enforcement jurisdiction
> over ICANN to compel it to re-delegate ccTLDs. This is contrary, in
> particular, to paragraph 63 of the Tunis Agenda: "Countries should not be
> involved in decisions regarding another country's country-code Top-Level
> Domain (ccTLD). Their legitimate interests, as expressed and defined by
> each country, in diverse ways, regarding decisions affecting their ccTLDs,
> need to be respected, upheld and addressed via a flexible and improved
> framework and mechanisms." It is to be noted that while paragraph 63 may
> not state that States have sovereignty over ccTLDs, it does establish that
> States should not interfere with ccTLDs. Further, an obligation on States
> not to interfere with certain matters, as ccTLDs, need not be based on the
> principle of sovereignty to exist, nor does it suppose that the matter is
> one subject to the sovereignty of States. For States can simply agree to
> limit their ability to interfere with ccTLDs delegated to other countries,
> and this is the principle embodied in Paragraph 63 of the Tunis Agenda.
>
> Proposed solution: ICANN should seek jurisdictional immunities in respect
> of ICANN's activities relating to the management of ccTLDs. In addition, it
> should be included in ICANN Bylaws an exclusive choice of forum provision,
> whereby disputes relating to the management of any given ccTLD by ICANN
> shall be settled exclusively in the courts of the country to which the
> ccTLD in question refer. A similar exclusive choice of forum clause shall
> be included in those contracts ICANN may have with ccTLD managers, where
> such a contract exists.
>
> Best regards,
>
> Thiago
>
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