[discuss] discuss Digest, Vol 3, Issue 67

Mon Feb 17 20:17:00 UTC 2014

As you can see from the next day's edition, I was misquoted in the same story and a correction was published. 

Steve Metalitz

Sent from my iPhone

On Feb 17, 2014, at 12:48 PM, "Phil Corwin" <psc at vlaw-dc.com> wrote:

> Nigel:
> 
> I am not trying to misrepresent your or ICANN's position -- that is a direct quote from last Friday's Washington Internet Daily.
> 
> If you believe it is inaccurate you should contact the reporter (Dugie Standeford) and publication and request a retraction/correction.
> 
> Regards,
> Philip
> 
> Philip S. Corwin, Founding Principal
> Virtualaw LLC
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> Twitter: @VlawDC
>  
> "Luck is the residue of design" -- Branch Rickey
> 
> 
> -----Original Message-----
> From: Nigel Hickson [mailto:nigel.hickson at icann.org] 
> Sent: Monday, February 17, 2014 12:45 PM
> To: Phil Corwin; John Curran
> Cc: discuss at 1net.org
> Subject: Re: [discuss] discuss Digest, Vol 3, Issue 67
> 
> Good evening 
> 
> Just to be clear; I did not say this at all.
> 
> Nigel 
> 
> 
> 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
>> 202-559-8597/Direct
>> 202-559-8750/Fax
>> 202-255-6172/cell
>> 
>> 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.
>> 
>> /John
>> 
>> Disclaimers: My views alone. No DNS zone files were harmed in preparing
>> this email.
>> 
>> 
>> 
>> 
>> 
>> 
>> 
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