[Ws2-jurisdiction] Issue: US legislature's unlimited power over ICANN

parminder parminder at itforchange.net
Mon Aug 28 02:31:32 UTC 2017


Issue:

US legislature has near unlimited power over any US based organisation,
especially when it can see as carrying out an important public function.
It is entirely possible in the future for US legislature to make new
laws which specifically target ICANN and its functions, or may generally
target them under a class of organisations or functions. This can
completely throw out of gear ICANN's global governance function and its
primary accountability to the global community.

Solution:

Evidently, there can be no other solution for this issue than to grant
ICANN one time general immunity under the US International Organisations
Immunities Act, with proper customisation and exceptions for ICANN to
enable to be able to perform its organisational activities from within
the US. The chief exception I understand would be the application of
California non profit law. 



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