[discuss] DoC steers into uncharted waters. Expect legal challenges

Wed Mar 19 18:44:14 UTC 2014

http://www.lawfareblog.com/2014/03/legal-limits-on-the-transfer-of-control-to-icann

Back in 2000, the question of transference was asked and the GAO responded:

"The question of whether the Department has the authority to transfer control of the authoritative root server to ICANN is a difficult one to answer. Although control over the authoritative root server is not based on any statute or international agreement, the government has long been instrumental in supporting and developing the Internet and the domain name system. The Department has no specific statutory obligations to manage the domain name system or to control the authoritative root server. It is uncertain whether transferring control would also include transfer of government property to a private entity. Determining whether there is government property may be difficult. To the extent that transition of the management control to a private entity would involve the transfer of government property, it is unclear if the Department has the requisite authority to effect such a transfer. Since the Department states that it has no plans to transfer the root server system, it has not examined these issues. Currently, under the cooperative agreement with Network Solutions, the Department has reserved final policy control over the authoritative root server."

/bill
Neca eos omnes.  Deus suos agnoscet.