[discuss] discuss Digest, Vol 3, Issue 67

Nigel Hickson nigel.hickson at icann.org
Mon Feb 17 17:45:07 UTC 2014

Good evening 

Just to be clear; I did not say this at all.


On 2/17/14 6:27 PM, "Phil Corwin" <psc at vlaw-dc.com> wrote:

>Well that's a conjecture that even senior ICANN officials have made
>publicly within the past few days---
>Asked if it's practical for ICANN and the IANA functions to disentangle
>themselves from the U.S., [ICANN Vice President-Europe Nigel] Hickson
>said the U.S. Congress could probably pass legislation to change the
>relationship, but it would have to be done in a way that satisfies both
>political parties.
>-- "European Commission Policy Statement Envisions Less U.S. Influence in
>Internet Governance"; Washington Internet Daily, February 13, 2014
>Philip S. Corwin, Founding Principal
>Virtualaw LLC
>1155 F Street, NW
>Suite 1050
>Washington, DC 20004
>Twitter: @VlawDC
>"Luck is the residue of design" -- Branch Rickey
>-----Original Message-----
>From: John Curran [mailto:jcurran at istaff.org]
>Sent: Monday, February 17, 2014 12:14 PM
>To: Phil Corwin
>Cc: discuss at 1net.org
>Subject: Re: [discuss] discuss Digest, Vol 3, Issue 67
>On Feb 17, 2014, at 11:13 AM, Phil Corwin <psc at vlaw-dc.com> wrote:
>> On the subject of whether the IANA contract/root zone authority is US
>> government property, and whether DOC/NTIA has independent authority to
>> transfer or would require authorizing legislation, see
>> http://www.gao.gov/products/GAO/OGC-00-33R
>> " (11) it is uncertain whether transferring control would also include
>>transfer of government property to a private entity; (12) to the extent
>>that transition of the management control to a private entity would
>>involve the transfer of government property, it is unclear if Commerce
>>has the requisite authority to effect such a transfer"
>> While a 2000 study, DOC stated at that time that the answer would
>>require extensive legal analysis it had not conducted -- and still has
>>not to this day, so far as I am aware.
>That was my understanding as well - based on all information available,
>the question remains open at this time.
>> So the answer is that the IANA contract may require validating
>> legislative approval prior to transfer to any other entity, be it a
>> new multistakeholder or multilateral entity or ICANN itself,
>Indeed - it _may_ require validating legislative approval, or it _may
>not_ require validating legislative approval.
>> and that regardless of the answer to that legal inquiry NTIA might want
>>at least informal Congressional sanctioning before embarking on what
>>could be a very controversial divestiture.
>There is a vast difference between informal congressional consultation
>and requiring authorizing legislation; assertions that it would require
>the latter are not backed in evidence, i.e. conjecture at this time.
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