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

joseph alhadeff joseph.alhadeff at oracle.com
Sat Mar 15 21:06:12 UTC 2014

While there is large agreement on the list that ICANN should not be 
subject to government "capture" I do not hear a suggestion that it 
should be above or outside the law???  What do you mean by immunity?  
Does that include from prosecution for malfeasance or abuse of power?
On 3/15/2014 8:49 AM, John Curran wrote:
> 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.
> FYI,
> /John
> Disclaimer:  My views alone.
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