[discuss] Some more legal tangles for ICANN

Nigel Roberts nigel at roberts.co.uk
Sat Jun 28 12:32:32 UTC 2014


Although Wolfgang is right, it's even more simple.

- ICANN was formed after .IR was created. So there was no contract 
creating .IR.

- Furthermore, does not appear to have any legal authority as leal 
successor to any party that may have had a legal relationship with .IR 
prior to ICANN's existence. If anyone thinks otherwise, please provide a 
link.

- ICANN does not have any statutory authority whether under US law or 
the law of another sovereign state.

OBVIOUSLY if ICANN never receives any money from .IR, the Claimants 
cannot garnish or attach money it hasn't got.

But if the domain itself is indeed an asset of its registrant, which is 
at least a good possibility, then the Claimants might be indeed able to 
arrest or saisie it, just as an ordinary judgment debtor might.

Always assuming of course they know where to find it, of course.  Here's 
a clue: wherever it is -- and I've not that sure, although I could guess 
- it's surely not in Marina del Rey, or wherever ICANN's California 
office is these days!




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