[discuss] discuss Digest, Vol 4, Issue 145
Milton L Mueller
mueller at syr.edu
Sun Mar 16 21:12:47 UTC 2014
>But what legal regime would you replace US law with? If there is no
>applicable body of law for ICANN then it is above the law and litigation-
>proof, and as a party interacting with private sector registries and
>registrars the potential for litigation enforces one type of accountability.
>Likewise, those contracted parties must know what body of law will
>interpret and enforce those contracts.
This is why IGP proposed to separate broader reforms of ICANN's incorporation and its policy making process from the globalization of the technical-clerical IANA functions. They are very distinct problems. Replacement of US law (if that is deemed advisable) might even require a new international treaty instrument.
It is relatively easy for us to let the IANA contract expire and pull the DNS-related IANA functions out of ICANN and into a new entity. Much harder to reincorporate ICANN and reform its policy making process. Try to do those two things together, and you either enter a morass of interdependent changes, or you just hand everything to ICANN without any accountability.
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