[Ws2-jurisdiction] ISSUE: US Jurisdiction over ICANN's activities that comply with GAC advice or that are otherwise based on powers or prerogatives recognised onto Governments under ICANN's multistakeholder governance model

[Phil Corwin]

“or are otherwise subject to Governmental authority as recognized under ICANN's laws”

What? ICANN does not have any laws. ICANN is subject to law.

Generally in agreement with Milton that this is a radical proposal with broad and worrisome implications.

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/Cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of Bartlett Morgan
Sent: Tuesday, August 22, 2017 6:38 PM
To: Mueller, Milton L
Cc: ws2-jurisdiction
Subject: Re: [Ws2-jurisdiction] ISSUE: US Jurisdiction over ICANN's activities that comply with GAC advice or that are otherwise based on powers or prerogatives recognised onto Governments under ICANN's multistakeholder governance model

+1 Milton's comment

On Aug 22, 2017 5:47 PM, "Mueller, Milton L" <milton at gatech.edu<mailto:milton at gatech.edu>> wrote:
Thiago
If I understand what you are saying here, I have to totally reject it, and I suspect most others in this group will.
What you seem to be saying here:

Proposed solution: ICANN shall establish a compulsory dispute settlement mechanism, or commit to have recourse to international arbitration, for disputes relating to ICANN's activities that have been the subject of GAC advice or are otherwise subject to Governmental authority as recognized under ICANN's laws.

…is that GAC advice should supersede the normal ICANN bottom up multistakeholder policy development process (BUMP) and be subject to a special dispute resolution procedure that applies to ICANN and GAC alone.

This is a brazen power play to redesign ICANN in a way that transforms it into an intergovernmental institution. It ain’t ever going to happen, Thiago, except perhaps in your dreams.

Let me add that “independent accountability mechanisms” such as the IRP and the empowered community process already exist and no changes need to me made based on jurisdictional issues. Those mechanisms are not subject to arbitrary interference from the USG based on ICANN’s jurisdiction.


_______________________________________________
Ws2-jurisdiction mailing list
Ws2-jurisdiction at icann.org<mailto:Ws2-jurisdiction at icann.org>
https://mm.icann.org/mailman/listinfo/ws2-jurisdiction

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ws2-jurisdiction/attachments/20170822/2dec9e9e/attachment-0001.html>