[discuss] Some more legal tangles for ICANN

Sat Jun 28 08:46:53 UTC 2014

On Friday 27 June 2014 04:38 PM, Nick Ashton-Hart wrote:
> Dear Parminder,
>
> I don't think you are getting the point I am trying to make. Let me 
> try and make it somewhat differently, perhaps that will work.

To respond in kind to your patronising statement: Nick, I think you need 
to understand the difference between a 'point of law' - something I have 
stressed repeatedly as the most important element here - and 'matters of 
fact' related to a court judgement. I consider the 'point of law' 
illustrated by the judgement to be of the greatest implication for IG 
debate, irrespective of the validity of certain facts that are involved..

I will repeat. The point of law is best illustrated in the following 
quote from the news story.

"The United State District Court decided that the.ir domain name, along 
with Iran’s IP addresses ..... were assets that could be seized to 
satisfy judgments (of US courts)....".

However if you think this particular 'point of law' has no implication 
to the legal and jurisdictional status of ICANN and the important global 
governance functions that is does, I will rest my case here.

regards, parminder

PS: As for your claim of absence of any nexus between cctlds and ICANN 
reg delegation, de-delgation or re-delegation, that surprises me, but I 
have no desire to take up that discussion.

>
> ANY court anywhere in the world could render exactly the same 
> judgment, and it would be equally applicable as this one: that is to 
> say, totally not applicable. it doesn't matter in real terms what this 
> court, or any higher US court, says, or doesn't say, about this judgment.
>
> It doesn't matter that ICANN is a US-HQed organisation. It has no 
> control over, ownership in, stake in, control over, ability to compel, 
> etc a ccTLD. Any ccTLD. In any country. Regardless of what any court, 
> anywhere, says or doesn't say.
>
> Again, this is without prejudice to your points about jurisdiction in 
> general in other contexts. In this context, there is no jurisdictional 
> nexus between ICANN and a ccTLD.
>
> On 27 Jun 2014, at 12:52, parminder <parminder at itforchange.net 
> <mailto:parminder at itforchange.net>> wrote:
>
>> For an global IG discussion, the operative part in thenews story 
>> <http://www.timesofisrael.com/israeli-us-terror-victims-now-own-irans-internet/>is 
>> this
>>
>> "The United State District Court decided that the.ir domain name, 
>> along with Iran’s IP addresses ..... were assets that could be seized 
>> to satisfy judgments (of US courts)....".
>>
>> I dont see on what basis can this point of law be struck down by an 
>> higher court... It is kind of obvious. Has always been obvious. The 
>> news story is just being cited to try to force the obvious on those 
>> who are so thoroughly intent on not seeing the obvious :)
>

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