[Ws2-jurisdiction] RES: .cat

[Thiago Braz Jardim Oliveira]

Dear Seun,

Thank you for the points you raise. I'd only add that, as experience has proven, organisations incorporated under the laws of one country can still be protected (immune) from the jurisdiction of that very country, either generally or partially.

So the risks associated with ICANN's place of incorporation really are not a devil we can't avoid. All it takes is will.

Best regards,

Thiago



-----Mensagem original-----
De: ws2-jurisdiction-bounces at icann.org [mailto:ws2-jurisdiction-bounces at icann.org] Em nome de Seun Ojedeji
Enviada em: quarta-feira, 20 de setembro de 2017 16:00
Para: Thomas Rickert
Cc: ws2-jurisdiction at icann.org
Assunto: Re: [Ws2-jurisdiction] .cat

Hello Thomas,


This is an interesting article indeed and an unfortunate situation. However i think its important to note that this isn't a strange thing; certain internet services have been denied by Govt. in various countries in the past and I just think this is just yet another instance. While I have so much concern for this, I wonder what ICANN can do in a situation like this except to wish the registry all the best in putting up with the laws of her jurisdiction of incorporation. Nevertheless, on a general level, ICANN needs to continue to partner with or support other Internet organisations involved in internet freedom advocacy.


That said, I think this example referenced indeed re-echos the possible impact that ICANN's jurisdiction of incorporation can have on the organisation. One of the "thought" that always came to me during the CWG-Stewardship proposal development is whether the jurisdiction of ICANN is more important than that of the maintainer. The article referenced here rightly re-echos that thought (imagine if CORE was the org affected here).

Overall, the reality is that an organisation has to be incorporated somewhere; its a devil we can't avoid. We just have to hope that the jurisdiction of incorporation doesn't go rogue on ICANN but necessary measures to reduce such negative impact should continue to be explored.


Regards



On Wed, Sep 20, 2017 at 9:58 AM, Thomas Rickert <thomas at rickert.net> wrote:


	Hi all,
	you might find this article interesting.

	https://www.internetnews.me/2017/09/20/dotcat-registry-offices-raided-spanish-police/ <https://www.internetnews.me/2017/09/20/dotcat-registry-offices-raided-spanish-police/> 

	Best,
	Thomas

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	Seun Ojedeji,
	Federal University Oye-Ekiti
	web:      http://www.fuoye.edu.ng
	Mobile: +2348035233535
	alt email: <http://goog_1872880453> seun.ojedeji at fuoye.edu.ng
	
	

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