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

Greg Shatan gregshatanipc at gmail.com
Tue Feb 14 11:29:48 UTC 2017


Seun,

You say that a "Trump travel Ban . . . 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."

Can you clarify how a travel ban into the US from a list of countries would
"have global effects on ICANN" and a travel ban into Turkey from a list of
countries not have a similar type of effect?  Is this just because more
people will want to travel to ICANN's operations in the US than those in
Turkey?  Why is it a global effect on ICANN if it only concerns a small
number of countries?

[Please note that I personally do not support the travel ban, nor do I
minimize the effects it has had and continues to have on citizens of those
countries.]

Thanks!

Greg



*Greg Shatan *C: 917-816-6428
S: gsshatan
Phone-to-Skype: 646-845-9428
gregshatanipc at gmail.com


On Tue, Feb 14, 2017 at 6:17 AM, Seun Ojedeji <seun.ojedeji at gmail.com>
wrote:

> 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>
>>>
>>>
>>>
>>> _______________________________________________
>>> Ws2-jurisdiction mailing list
>>> Ws2-jurisdiction at icann.org
>>> https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>>>
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