[Ws2-jurisdiction] Blog post on ICANN's jurisdiction

Seun Ojedeji seun.ojedeji at gmail.com
Tue Feb 14 11:17:00 UTC 2017


Thanks Nigel, I am not asking about an overall immunity for ICANN but I am
talking about specific scenario like the ones I have indicated. Maybe the
right word isn't immunity.

Cheers!
Sent from my LG G4
Kindly excuse brevity and typos

On Feb 14, 2017 11:45 AM, "Nigel Roberts" <nigel at channelisles.net> wrote:

> I think you miss the point about immunity.
>
> It's means "ICANN can do what it likes and can't be sued".
>
>
>
> On 14/02/17 09:23, Seun Ojedeji wrote:
>
>> Hi,
>>
>> I am not a lawyer but it doesn't sound accurate to say that the effect
>> of the country of  (US) on ICANN is same with that of other
>> countries (including the ones hosting her regional hubs) because that is
>> what I think Paul may be implying here.
>>
>> As a simple example is a Trump travel Ban and the OFAC stuff compared to
>> if a travel Ban is placed on Turkey where ICANN has a hub. The former
>> would have global effects on ICANN than the latter. I for one would be
>> glad if there can be immunity/exemption for ICANN(used in literary
>> terms) in such scenarios
>>
>> Regards
>>
>> Sent from my LG G4
>> Kindly excuse brevity and typos
>>
>> On Feb 13, 2017 7:59 PM, "Paul Rosenzweig"
>> <paul.rosenzweig at redbranchconsulting.com
>> <mailto:paul.rosenzweig at redbranchconsulting.com>> wrote:
>>
>>     Yes, I refute the proposition because it is an alternate fact.  Or
>>     put another way – it is wrong.____
>>
>>     __ __
>>
>>        The true fact is simple – by virture of doing business in France,
>>     ICANN is subject to French law.  France’s privacy authorities might,
>>     for example, attempt to get ICANN to follow their right to be
>>     forgotten.  They would fail, I think, but that proposition is no
>>     different in kind than the idea of US antitrust jurisdiction over
>>     ICANN which will not change one iota if ICANN changes its
>>     jurisdiction of incorporation.  As I have said before, the only way
>>     in which place of jurisdiction matters significantly (or to use your
>>     words is of a “different order” is regarding law relating to
>>     corporate incorporation and governance.  As to that – e.g. the
>>     implementation of ICANN’s actual corporate governance – it would
>>     change significantly if ICANN moved.  But, as others have also
>>     noted, the corporate law of California is vital to ICANN’s current
>>     structure.____
>>
>>     __ __
>>
>>     As for your question about my professional life it is amusing –
>>     because that is indeed what I do for a living and I have, in fact,
>>     given exactly that advice to German businesses with operations in
>>     the United States.  I tell them that if they want to avoid American
>>     law (mostly law relating to cybersecurity) the only way to do so is
>>     to avoid having a business presence in the US.  If they want to
>>     forgo the market completely they can do so to avoid American law.
>>     But otherwise they cannot.  And, I tell them the exact same thing
>>     about French and Indian law as well.  In short, I do this for a
>>     living and yes, I say exactly the same thing to paying clients.____
>>
>>     __ __
>>
>>     It is not me who is “falsifying facts” Paraminder.  You are making
>>     assertions that have no actual basis in any law that I know of.
>>     Repeatedly asserting them as “facts” does not make them so____
>>
>>     __ __
>>
>>     Paul____
>>
>>     __ __
>>
>>     Paul Rosenzweig____
>>
>>     paul.rosenzweig at redbranchconsulting.com
>>     <mailto:paul.rosenzweig at redbranchconsulting.com>____
>>
>>     O: +1 (202) 547-0660 <tel:+1%20202-547-0660>____
>>
>>     M: +1 (202) 329-9650 <tel:+1%20202-329-9650>____
>>
>>     VOIP: +1 (202) 738-1739 <tel:+1%20202-738-1739>____
>>
>>     www.redbranchconsulting.com <http://www.redbranchconsulting.com/>____
>>
>>     My PGP Key:
>>     https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830
>> 097CA066684
>>     <https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A83
>> 0097CA066684>____
>>
>>     __ __
>>
>>     *From:*parminder [mailto:parminder at itforchange.net
>>     <mailto:parminder at itforchange.net>]
>>     *Sent:* Sunday, February 12, 2017 12:54 AM
>>     *To:* Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com
>>     <mailto:paul.rosenzweig at redbranchconsulting.com>>;
>>     ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann.org>
>>     *Subject:* Re: [Ws2-jurisdiction] Blog post on ICANN's
>> jurisdiction____
>>
>>     __ __
>>
>>     __ __
>>
>>     On Saturday 11 February 2017 10:54 PM, Paul Rosenzweig wrote:____
>>
>>         As we have repeatedly noted, the exact same thing is true of
>>         ICANN’s being subject to the laws of India, France and any other
>>         place it does business. ____
>>
>>
>>     Paul, and you have missed the repeated response that of course this
>>     is not true (and you know it) -- the implication of jurisdiction of
>>     incorporation of a body, and its impact on its working, is of a
>>     completely different order than that of the jurisdictions where it
>>     may merely conduct some business. Do you refute this proposition?
>>
>>     Would you in your professional life advice, say, a business
>>     incorporated in Germany but with worldwide business footprint that
>>     the application of German jurisdiction and laws on it -- and the
>>     real life implications of such application -- is more or less the
>>     same as application of jurisdiction and laws of all counties where
>>     it may conduct any business at all? I look forward to a clear and
>>     unambiguous response to this. Thanks.
>>
>>     If indeed we are to keep falsifying such basic facts, which everyone
>>     knows well, and base our positions on that, there is no way we can
>>     go anywhere with this sub group. We may as well close it up and let
>>     the rapporteur write whatever report he may want to forward. No use
>>     wasting time here in trying to "prove" and reprove and reprove basic
>>     universally known legal and political facts.
>>
>>
>>     ____
>>
>>         Your persistence in arguing a strawman Paraminder puts me in
>>         mind of Amartya Sen.____
>>
>>
>>     A perceptive book he wrote, but also speaks of Indian humility and
>>     self-deprecation... Wonder why no one ever wrote "The Hegemonic
>>     American"...
>>
>>     parminder
>>
>>
>>     ____
>>
>>         ____
>>
>>         Paul Rosenzweig____
>>
>>         paul.rosenzweig at redbranchconsulting.com
>>         <mailto:paul.rosenzweig at redbranchconsulting.com>____
>>
>>         O: +1 (202) 547-0660 <tel:+1%20202-547-0660>____
>>
>>         M: +1 (202) 329-9650 <tel:+1%20202-329-9650>____
>>
>>         VOIP: +1 (202) 738-1739 <tel:+1%20202-738-1739>____
>>
>>         www.redbranchconsulting.com
>>         <http://www.redbranchconsulting.com/>____
>>
>>         My PGP Key:
>>         https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830
>> 097CA066684
>>         <https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A83
>> 0097CA066684>____
>>
>>         ____
>>
>>         *From:*ws2-jurisdiction-bounces at icann.org
>>         <mailto:ws2-jurisdiction-bounces at icann.org>
>>         [mailto:ws2-jurisdiction-bounces at icann.org
>>         <mailto:ws2-jurisdiction-bounces at icann.org>] *On Behalf Of
>>         *parminder
>>         *Sent:* Saturday, February 11, 2017 8:46 AM
>>         *To:* ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann
>> .org>
>>         *Subject:* Re: [Ws2-jurisdiction] Blog post on ICANN's
>>         jurisdiction____
>>
>>         ____
>>
>>         Nigel,____
>>
>>         Thanks for your views. One gets faced by two kinds of arguments
>>         in favour of keeping the jurisdictional status quo -- which are
>>         mutually exclusive.____
>>
>>         (1) ICANN is somehow not subject to the whole range of US law
>>         and executive powers, as any other US organisations is - or at
>>         least it is somehow felt that US law and executive power will
>>         never apply itself over ICANN functioning. ____
>>
>>         (2) As you argue, ICANN is indeed subject to all US laws and
>>         powers, which might indeed be applied over it as necessary, but
>>         this is a good and a desirable thing. ____
>>
>>         As we have no move forward at all, we must do it in stages and
>>         remove some arguments off the table which we can mutually agree
>>         to be untenable. So can we now agree that the view (1) above is
>>         simply untrue and naively held by those who forward it. ____
>>
>>         We can now move to (2). First of all, this means that indeed US
>>         law and executive can impinge upon ICANN's policy implementation
>>         whenever it feels it valid to do so in pursuance of legitimate
>>         US public interest. Meaning, If ICANN makes a policy and does
>>         its implementation which is not in-accordance with US law or
>>         legitimate US executive will, they can "interfere" can cause
>>         those actions to be rolled back on the pain of state's coercive
>>         action. This can be for instance regarding how and what
>>         medicines and health related activities are considered ok by the
>>         concerned US regulator. (Similar examples can be thought of in
>>         practically every sector). Are you with me till here, because I
>>         think I am only making logical deduction over what you seem to
>>         agree with?____
>>
>>         If so, this indeed establishes as a fact that US jurisdiction
>>         can, as required, impinge upon (which seen from another vantage
>>         is same as, interfere with) ICANN policies and policy
>>         implementation.____
>>
>>         Which makes the entire exercise of our questionnaire seeking
>>         whether it can so happen rather needless. It of course can. ____
>>
>>         Lets then not argue or fight over that terrain, where we have
>>         this agreement, about how law and executive power operates vis a
>>         vis organisations subject to their jurisdiction. ____
>>
>>         That brings us to another terrain - that, as you argue, and
>>         others have here, that it is right, appropriate and needed that
>>         US law and legitimate executive power impinges upon ICANN
>>         functioning as and when required, becuase it is important to
>>         subject everything to the rule of law (and in your and many
>>         other people's views, ICANN can practically ONLY be subject to
>>         rule of US's law).____
>>
>>         I am happy to discuss this part as long as we do not keep
>>         drifting back to the earlier one whereby there really seems to
>>         be an agreement among most of us that US law and legitimate
>>         executive power can indeed impinge upon or "interfere with"
>>         ICANN's policy or policy implementation work (even if many
>>         consider such interference as being good for ICANN and public
>>         interest) . ____
>> > of the country of  (US) on ICANN is same with that of other
>> countries (including the ones hosting her regional hubs) because that is
>> what I think Paul may be implying here.
>>
>> As a simple example is a Trump travel Ban and the OFAC stuff compared to
>> if a travel Ban is placed on Turkey where ICANN has a hub. The former
>> would have global effects on ICANN than the latter. I for one would be
>> glad if there can be immunity/exemption for ICANN(used in literary
>> terms) in such scenarios
>>
>> Regards
>>
>> Sent from my LG G4
>> Kindly excuse brevity and typos
>>
>> On Feb 13, 2017 7:59 PM, "Paul Rosenzweig"
>> <paul.rosenzweig at redbranchconsulting.com
>> <mailto:paul.rosenzweig at redbranchconsulting.com>> wrote:
>>
>>     Yes, I refute the proposition because it is an alternate fact.  Or
>>     put another way – it is wrong.____
>>
>>     __ __
>>
>>        The true fact is simple – by virture of doing business in France,
>>     ICANN is subject to French law.  France’s privacy authorities might,
>>     for example, attempt to get ICANN to follow their right to be
>>     forgotten.  They would fail, I think, but that proposition is no
>>     different in kind than the idea of US antitrust jurisdiction over
>>     ICANN which will not change one iota if ICANN changes its
>>     jurisdiction of incorporation.  As I have said before, the only way
>>     in which place of jurisdiction matters significantly (or to use your
>>     words is of a “different order” is regarding law relating to
>>     corporate incorporation and governance.  As to that – e.g. the
>>     implementation of ICANN’s actual corporate governance – it would
>>     change significantly if ICANN moved.  But, as others have also
>>     noted, the corporate law of California is vital to ICANN’s current
>>     structure.____
>>
>>     __ __
>>
>>     As for your question about my professional life it is amusing –
>>     because that is indeed what I do for a living and I have, in fact,
>>     given exactly that advice to German businesses with operations in
>>     the United States.  I tell them that if they want to avoid American
>>     law (mostly law relating to cybersecurity) the only way to do so is
>>     to avoid having a business presence in the US.  If they want to
>>     forgo the market completely they can do so to avoid American law.
>>     But otherwise they cannot.  And, I tell them the exact same thing
>>     about French and Indian law as well.  In short, I do this for a
>>     living and yes, I say exactly the same thing to paying clients.____
>>
>>     __ __
>>
>>     It is not me who is “falsifying facts” Paraminder.  You are making
>>     assertions that have no actual basis in any law that I know of.
>>     Repeatedly asserting them as “facts” does not make them so____
>>
>>     __ __
>>
>>     Paul____
>>
>>     __ __
>>
>>     Paul Rosenzweig____
>>
>>     paul.rosenzweig at redbranchconsulting.com
>>     <mailto:paul.rosenzweig at redbranchconsulting.com>____
>>
>>     O: +1 (202) 547-0660 <tel:+1%20202-547-0660>____
>>
>>     M: +1 (202) 329-9650 <tel:+1%20202-329-9650>____
>>
>>     VOIP: +1 (202) 738-1739 <tel:+1%20202-738-1739>____
>>
>>     www.redbranchconsulting.com <http://www.redbranchconsulting.com/>____
>>
>>     My PGP Key:
>>     https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830
>> 097CA066684
>>     <https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A83
>> 0097CA066684>____
>>
>>     __ __
>>
>>     *From:*parminder [mailto:parminder at itforchange.net
>>     <mailto:parminder at itforchange.net>]
>>     *Sent:* Sunday, February 12, 2017 12:54 AM
>>     *To:* Paul Rosenzweig <paul.rosenzweig at redbranchconsulting.com
>>     <mailto:paul.rosenzweig at redbranchconsulting.com>>;
>>     ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann.org>
>>     *Subject:* Re: [Ws2-jurisdiction] Blog post on ICANN's
>> jurisdiction____
>>
>>     __ __
>>
>>     __ __
>>
>>     On Saturday 11 February 2017 10:54 PM, Paul Rosenzweig wrote:____
>>
>>         As we have repeatedly noted, the exact same thing is true of
>>         ICANN’s being subject to the laws of India, France and any other
>>         place it does business. ____
>>
>>
>>     Paul, and you have missed the repeated response that of course this
>>     is not true (and you know it) -- the implication of jurisdiction of
>>     incorporation of a body, and its impact on its working, is of a
>>     completely different order than that of the jurisdictions where it
>>     may merely conduct some business. Do you refute this proposition?
>>
>>     Would you in your professional life advice, say, a business
>>     incorporated in Germany but with worldwide business footprint that
>>     the application of German jurisdiction and laws on it -- and the
>>     real life implications of such application -- is more or less the
>>     same as application of jurisdiction and laws of all counties where
>>     it may conduct any business at all? I look forward to a clear and
>>     unambiguous response to this. Thanks.
>>
>>     If indeed we are to keep falsifying such basic facts, which everyone
>>     knows well, and base our positions on that, there is no way we can
>>     go anywhere with this sub group. We may as well close it up and let
>>     the rapporteur write whatever report he may want to forward. No use
>>     wasting time here in trying to "prove" and reprove and reprove basic
>>     universally known legal and political facts.
>>
>>
>>     ____
>>
>>         Your persistence in arguing a strawman Paraminder puts me in
>>         mind of Amartya Sen.____
>>
>>
>>     A perceptive book he wrote, but also speaks of Indian humility and
>>     self-deprecation... Wonder why no one ever wrote "The Hegemonic
>>     American"...
>>
>>     parminder
>>
>>
>>     ____
>>
>>         ____
>>
>>         Paul Rosenzweig____
>>
>>         paul.rosenzweig at redbranchconsulting.com
>>         <mailto:paul.rosenzweig at redbranchconsulting.com>____
>>
>>         O: +1 (202) 547-0660 <tel:+1%20202-547-0660>____
>>
>>         M: +1 (202) 329-9650 <tel:+1%20202-329-9650>____
>>
>>         VOIP: +1 (202) 738-1739 <tel:+1%20202-738-1739>____
>>
>>         www.redbranchconsulting.com
>>         <http://www.redbranchconsulting.com/>____
>>
>>         My PGP Key:
>>         https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830
>> 097CA066684
>>         <https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A83
>> 0097CA066684>____
>>
>>         ____
>>
>>         *From:*ws2-jurisdiction-bounces at icann.org
>>         <mailto:ws2-jurisdiction-bounces at icann.org>
>>         [mailto:ws2-jurisdiction-bounces at icann.org
>>         <mailto:ws2-jurisdiction-bounces at icann.org>] *On Behalf Of
>>         *parminder
>>         *Sent:* Saturday, February 11, 2017 8:46 AM
>>         *To:* ws2-jurisdiction at icann.org <mailto:ws2-jurisdiction at icann
>> .org>
>>         *Subject:* Re: [Ws2-jurisdiction] Blog post on ICANN's
>>         jurisdiction____
>>
>>         ____
>>
>>         Nigel,____
>>
>>         Thanks for your views. One gets faced by two kinds of arguments
>>         in favour of keeping the jurisdictional status quo -- which are
>>         mutually exclusive.____
>>
>>         (1) ICANN is somehow not subject to the whole range of US law
>>         and executive powers, as any other US organisations is - or at
>>         least it is somehow felt that US law and executive power will
>>         never apply itself over ICANN functioning. ____
>>
>>         (2) As you argue, ICANN is indeed subject to all US laws and
>>         powers, which might indeed be applied over it as necessary, but
>>         this is a good and a desirable thing. ____
>>
>>         As we have no move forward at all, we must do it in stages and
>>         remove some arguments off the table which we can mutually agree
>>         to be untenable. So can we now agree that the view (1) above is
>>         simply untrue and naively held by those who forward it. ____
>>
>>         We can now move to (2). First of all, this means that indeed US
>>         law and executive can impinge upon ICANN's policy implementation
>>         whenever it feels it valid to do so in pursuance of legitimate
>>         US public interest. Meaning, If ICANN makes a policy and does
>>         its implementation which is not in-accordance with US law or
>>         legitimate US executive will, they can "interfere" can cause
>>         those actions to be rolled back on the pain of state's coercive
>>         action. This can be for instance regarding how and what
>>         medicines and health related activities are considered ok by the
>>         concerned US regulator. (Similar examples can be thought of in
>>         practically every sector). Are you with me till here, because I
>>         think I am only making logical deduction over what you seem to
>>         agree with?____
>>
>>         If so, this indeed establishes as a fact that US jurisdiction
>>         can, as required, impinge upon (which seen from another vantage
>>         is same as, interfere with) ICANN policies and policy
>>         implementation.____
>>
>>         Which makes the entire exercise of our questionnaire seeking
>>         whether it can so happen rather needless. It of course can. ____
>>
>>         Lets then not argue or fight over that terrain, where we have
>>         this agreement, about how law and executive power operates vis a
>>         vis organisations subject to their jurisdiction. ____
>>
>>         That brings us to another terrain - that, as you argue, and
>>         others have here, that it is right, appropriate and needed that
>>         US law and legitimate executive power impinges upon ICANN
>>         functioning as and when required, becuase it is important to
>>         subject everything to the rule of law (and in your and many
>>         other people's views, ICANN can practically ONLY be subject to
>>         rule of US's law).____
>>
>>         I am happy to discuss this part as long as we do not keep
>>         drifting back to the earlier one whereby there really seems to
>>         be an agreement among most of us that US law and legitimate
>>         executive power can indeed impinge upon or "interfere with"
>>         ICANN's policy or policy implementation work (even if many
>>         consider such interference as being good for ICANN and public
>>         interest) . ____
>>
>>         Your only problem with immunity seem to come up with regard to
>>         criminally fraudulent activities. You give the examples of IOC
>>         and FIFA but I have not found they having any special criminal
>>         immunities. I may not have looked up well, but did they? Were
>>         they not finally raided by both Swiss and US authorities. On the
>>         other hand there are many international organisations with legal
>>         immunities that have been gooing great global public interest
>>         work without corruption. Interpol hasnt started to take money to
>>         make international warrants disappear, not, more humbly, the
>>         International Fertilizers Development Centre, immunised under
>>         the relevant US Act, and which enters into contracts worth
>>         millions every years for globally distributed projects, has been
>>         known to do so....
>>
>>         (FIFA and IOC become corrupt because of commercial thinking
>>         completely overpowering public service ethics -- and if ICANN
>>         becomes so it will also be ore likely becuase of this reason.
>>         But et us not get distracted. )
>>
>>         And if indeed we are so concerned about ICANN's abuse of power
>>         and possible frauds and corruption, we should have let a
>>         stronger and more agile community accountability mechanism get
>>         established, like the membership based one, and with lower
>>         thresholds of triggering community action... That is where the
>>         mistake was made, and can still be corrected down the line. Do
>>         not throw the world at the mercy of US law and executive action
>>         for this purpose, especially when it related to to an
>>         infrastructure which today underpins almost every social system.
>>         This is not just some sports. (No hurt intended to sports fans,
>>         I being one.)
>>
>>         parminder
>>
>>
>>
>>
>>         ____
>>
>>         On Saturday 11 February 2017 02:16 PM, Nigel Roberts wrote:____
>>
>>
>>
>>
>>             ____
>>
>>                 and innumerable others. In the circumstances, the real
>>                 waiver across all
>>                 sectors and laws would be seek immunity under the US
>>                 International
>>                 Organisations Immunity Act. Would you not prefer this
>>                 route? If not, why
>>                 so? ____
>>
>>
>>             Because I do not want ICANN to have immunity.
>>
>>             I have been involved in this community since before it was
>>             called 'ICANN', including the gTLD-MoU and the IFWP.
>>
>>             I have seen ICANN behave as an autocrat robber baron and
>>             deprive people of their property.
>>
>>             Fortunately, we have made great strides since then.
>>
>>             Accountability work, between 2003 (in the case of ccTLDs) up
>>             to last years' transition, as well as the fact that, both
>>             staff and Board now have personal trust, that was totally
>>             absent 15 years ago.
>>
>>             But both organisations and personnnel can change.
>>
>>             Institutional immunity leads to corruption. I do not want
>>             ICANN to become a FIFA, or IOC.
>>
>>             And the recent .AFRICA case shows, the checks and balances
>>             of the US judicial system appear to work reasonably well (I
>>             personally remain uneasy about the covenant of immunity but
>>             I expect you have no problem with that).
>>
>>             I trust this explains why some people - and I am one - may
>>             have a diametrically opposed view to yours when it comes to
>>             ICANN immunity.
>>
>>
>>
>>             _______________________________________________
>>             Ws2-jurisdiction mailing list
>>             Ws2-jurisdiction at icann.org <mailto:Ws2-jurisdiction at icann.org
>> >
>>             https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>>             <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction> ____
>>
>>         ____
>>
>>     __ __
>>
>>
>>     _______________________________________________
>>     Ws2-jurisdiction mailing list
>>     Ws2-jurisdiction at icann.org <mailto:Ws2-jurisdiction at icann.org>
>>     https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>>     <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction>
>>
>>
>>
>> _______________________________________________
>> Ws2-jurisdiction mailing list
>> Ws2-jurisdiction at icann.org
>> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>>
>>
>         Your only problem with immunity seem to come up with regard to
>>         criminally fraudulent activities. You give the examples of IOC
>>         and FIFA but I have not found they having any special criminal
>>         immunities. I may not have looked up well, but did they? Were
>>         they not finally raided by both Swiss and US authorities. On the
>>         other hand there are many international organisations with legal
>>         immunities that have been gooing great global public interest
>>         work without corruption. Interpol hasnt started to take money to
>>         make international warrants disappear, not, more humbly, the
>>         International Fertilizers Development Centre, immunised under
>>         the relevant US Act, and which enters into contracts worth
>>         millions every years for globally distributed projects, has been
>>         known to do so....
>>
>>         (FIFA and IOC become corrupt because of commercial thinking
>>         completely overpowering public service ethics -- and if ICANN
>>         becomes so it will also be ore likely becuase of this reason.
>>         But et us not get distracted. )
>>
>>         And if indeed we are so concerned about ICANN's abuse of power
>>         and possible frauds and corruption, we should have let a
>>         stronger and more agile community accountability mechanism get
>>         established, like the membership based one, and with lower
>>         thresholds of triggering community action... That is where the
>>         mistake was made, and can still be corrected down the line. Do
>>         not throw the world at the mercy of US law and executive action
>>         for this purpose, especially when it related to to an
>>         infrastructure which today underpins almost every social system.
>>         This is not just some sports. (No hurt intended to sports fans,
>>         I being one.)
>>
>>         parminder
>>
>>
>>
>>
>>         ____
>>
>>         On Saturday 11 February 2017 02:16 PM, Nigel Roberts wrote:____
>>
>>
>>
>>
>>             ____
>>
>>                 and innumerable others. In the circumstances, the real
>>                 waiver across all
>>                 sectors and laws would be seek immunity under the US
>>                 International
>>                 Organisations Immunity Act. Would you not prefer this
>>                 route? If not, why
>>                 so? ____
>>
>>
>>             Because I do not want ICANN to have immunity.
>>
>>             I have been involved in this community since before it was
>>             called 'ICANN', including the gTLD-MoU and the IFWP.
>>
>>             I have seen ICANN behave as an autocrat robber baron and
>>             deprive people of their property.
>>
>>             Fortunately, we have made great strides since then.
>>
>>             Accountability work, between 2003 (in the case of ccTLDs) up
>>             to last years' transition, as well as the fact that, both
>>             staff and Board now have personal trust, that was totally
>>             absent 15 years ago.
>>
>>             But both organisations and personnnel can change.
>>
>>             Institutional immunity leads to corruption. I do not want
>>             ICANN to become a FIFA, or IOC.
>>
>>             And the recent .AFRICA case shows, the checks and balances
>>             of the US judicial system appear to work reasonably well (I
>>             personally remain uneasy about the covenant of immunity but
>>             I expect you have no problem with that).
>>
>>             I trust this explains why some people - and I am one - may
>>             have a diametrically opposed view to yours when it comes to
>>             ICANN immunity.
>>
>>
>>
>>             _______________________________________________
>>             Ws2-jurisdiction mailing list
>>             Ws2-jurisdiction at icann.org <mailto:Ws2-jurisdiction at icann.org
>> >
>>             https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>>             <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction> ____
>>
>>         ____
>>
>>     __ __
>>
>>
>>     _______________________________________________
>>     Ws2-jurisdiction mailing list
>>     Ws2-jurisdiction at icann.org <mailto:Ws2-jurisdiction at icann.org>
>>     https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>>     <https://mm.icann.org/mailman/listinfo/ws2-jurisdiction>
>>
>>
>>
>> _______________________________________________
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>> Ws2-jurisdiction at icann.org
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>>
>> _______________________________________________
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