[Ws2-jurisdiction] Jurisdiction Questionnaire: RESPONSE REQUESTED

[Nigel Roberts]

I find it hard to understand the below formulation.

Nothing ICANN does in respect of its seat will affect the ability of a 
court for that jurisdiction to issue judicial decisions affecting ICANN.

ICANN's (or rather IANA's)role in respect of ccTLDs is very limited.

It can only act in respect of an existing ccTLD where there has been 
'substantial misbehaviour'. This has been accepted by the ccNSO and GAC 
over 6 years of constructive working together, interpreted definitively 
in an aid to construction (the Framework of Interpretation), and 
confirmed by a resolution of the ICANN board.

Since money doesn't change hands between ccTLD managers and IANA, OFAC's 
remit is somewhat faint.

But the same problems arise whatever jurisdiciton you pick for ICANN's 
seat UNLESS you want to give them immunity even for their own negligence.

Having seen and been a victim at first hand the misbehaviour of ICANN 
v1.0, there is NO WAY that ICANN should have or deserves special 
immunities, no matter what it's location.




On 08/01/17 10:24, Kavouss Arasteh wrote:

> If based on OFAC the case before the court is to act upon a ccTLD .