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

[Paul Rosenzweig]

This statement is false on its face.  The US legislature no more has “unlimited power” than does any other legislation.  Indeed, quite to the contrary, in the US with a  Constitution and a court system as well as an executive, the system of checks and balances places more limits on the legislative power than in many other countries.    Again, a non-issue for which no solution is necessary.

 

Paul

 

Paul Rosenzweig

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From: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] On Behalf Of parminder
Sent: Sunday, August 27, 2017 10:32 PM
To: ws2-jurisdiction at icann.org
Subject: [Ws2-jurisdiction] Issue: US legislature's unlimited power over ICANN

 

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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