[discuss] [governance] U.S. to Give Up Oversight of Web Policymaking Body

John Curran jcurran at istaff.org
Sat Mar 15 12:49:42 UTC 2014

On Mar 15, 2014, at 8:12 AM, parminder <parminder at itforchange.net> wrote:

> This is interesting. So you say now ICANN may go anywhere it wishes to, it is up to the ICANN to do so.

Let all of us hope it is _not_ up to ICANN to make such a decision; it should be a matter for the global 
Internet community to consider and then make the final recommendations.  As I understand it, ICANN's 
role is in convening stakeholders across the global Internet community to develop a plan, not to decide
the matter itself.

> Hopefully, ICANN should apply to move to whichever country that gives it jurisdictional/ legal immunity through some national level instrument (Switzerland ?), although finally some kind of international legal framework for sorting disputes etc will still be needed.
> So,  ICANN should tell the US that either it brings up a special legislation protecting it from US jurisdiction etc (not sure if this is constitutionally possible) or it moves to another place from where such an offer comes..

I imagine that either of the above are a possible output of the community consultation process.

NTIA issued an IANA Transition Q & A document that includes one requirement that may have
relevance <http://www.ntia.doc.gov/files/ntia/publications/qa_-_iana-for_web_eop.pdf>  -
"NTIA will not accept a proposal that replaces the NTIA role with a government or an inter-
governmental organization solution."   

Your suggested approaches should be considered as possible options so long as they don't 
conflict with that NTIA requirement.


Disclaimer:  My views alone.

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