[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

Arasteh kavouss.arasteh at gmail.com
Wed Aug 23 09:06:36 UTC 2017


Dear All
People could only express their own views and refrain manipulating in a indirect manner to comment on any thread 
Regards
Kavouss


Sent from my iPhone

> On 22 Aug 2017, at 23:47, Mueller, Milton L <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.
>  
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