[Ws2-jurisdiction] Jurisdiction on an existing Obstacle

[Kavouss Arasteh]

Dear Co-Chairs,
Dear Greg
I hope you are conscious of this very issue.
Rather than as Parminder mentioned making a spiral round and come back on
square 1 or in fact square 0 ,pls kindly address this and many other issues
that I rassied in my 13 December message  which extracted from a bulk of
exchanged messages.
I seek advice of Co-CHAIRS AND REQUEST ACTIONS FROM THEM
Regards
Kavouss

2017-02-11 8:16 GMT+01:00 parminder <parminder at itforchange.net>:

>
> On Friday 10 February 2017 04:07 AM, Kavouss Arasteh wrote:
>
> *Dear Greg*
> *As raised in todays's meeting *
> *To become ICANN Accredited Registrar, all registrars need to sign a
> contract with ICANN and ICANN should  applies some criteria before
> accepting the registrar. ICANN is a US Entity and can't get involved into
> any contract with the  **people of *
> * some countries   This means having an Accredited Registrar for .com and
> .net and many more gTLDS in those countries is almost impossible. The is
> business blocker. This is an important issue to be carefully examined and
> resolve. The question is whether after the transition, still ICANN refrain
> to sign the contract in question ,if no where that is reflected and if yes,
> what solution is available to remove such discrimination . *
>
>
> Obviously nothing changes in this regard with the IANA transition. ICANN
> remains as much a US organisation, and as much subject to US laws,
> including those about sanctions, as it always was. Therefore the
> problematic situation for registrars in the sanctioned countries remain as
> it was. Not only registrars cannot function in the US sanctioned countries,
> but it will be pretty impossible for registries for TLDs to function. (A chilling
> effect <https://en.wikipedia.org/wiki/Chilling_effect>already operates
> whereby there is no sense in any business from these countries applying for
> a gTLD. Meanwhile, there is no way to "prove" the existence of such a
> chilling effect by prior documented instances as had wrongly been made the
> condition of what is admitted as facts in this sub group  -- that is a part
> of the very meaning of the chilling effect, that it exists but does not
> show in action, it shows in inaction.)
>
> Further, there have been instances where US based registrars have
> cancelled domain name accounts of entities in such countries. Please see
> this in case of Crimea based entities http://atlarge-lists.icann.
> org/pipermail/na-discuss_atlarge-lists.icann.org/2015-March/008612.html .
>
> Even if while writing contracts ICANN were to become so generous as to
> make the jurisdiction of non US registrars and registries as the chosen law
> for adjudication (and there is no likelihood that it will ever get so
> generous), this applies only to civil matters and not public law, as the
> laws backing US sanctions are.  However the contracts are written,
> registries, registrars, and ordinary domain owners in countries under
> sanctions by the US (currently or in the future) remain in an extreme
> difficult, if not fully non-operational, position.
>
> What is this sub group's response to this fact? That is if indeed we work
> on the behalf of the whole Internet community.
>
> As a sub-group we need to begin addressing these specific problems and
> questions, rather than going in rounds and rounds without making any
> movement at all. We need to address what is wrong or could possibly be
> wrong, not write tomes on what is right and going well. There is always
> something right and going well, the issues to address are what is not, and
> what to do about it.
>
> parminder
>
>
>
> * Regards Kavouss *
>
>
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