[ALAC] IANA Transition

[Carlton Samuels]

Other than their assertion that the stability and proper functioning of
their websites is under threat, what is interesting to note are the
particulars of claim:  a violation of the First Amendment, the Property
Clause of U.S. Constitution and the Administrative Procedure Act.

These fellas are loaded for bear! The plaintiffs used language from the
2012 IANA contract as evidence the USG has a property interest; see P.6 of
the pleading. And used the threat from NTIA of a non-renewal of the 2012
IANA Contract as evidence that ICANN would be a bad steward, undermining
'predictability, certainty'. They would not wish to do away with the
'protections' that come from a federal steward against 'unchecked' control
of ICANN, who they say have a 'documented history of ignoring or operating
outside of its governing bylaws'.

They also forum-shopped; some who watch these things say quite a few of the
judges in the Southern District of Texas are reliably anti-[Obama]
Administration.

-Carlton


==============================
*Carlton A Samuels*

*Mobile: 876-818-1799 <876-818-1799>Strategy, Planning, Governance,
Assessment & Turnaround*
=============================

On Thu, Sep 29, 2016 at 1:39 PM, Alan Greenberg <alan.greenberg at mcgill.ca>
wrote:

> Or maybe not - https://www.texasattorneygener
> al.gov/files/epress/Net_Complaint_-_FILED.pdf. Four states sue to halt
> transition...
>
> Alan
>
>
> At 28/09/2016 11:48 PM, Alan Greenberg wrote:
>
>> According to reports, both the US House of Representatives and Senate
>> have passed the Continuing Resolution funding the US government for the
>> period starting October 1 through early December WITHOUT any rider
>> restricting the IANA transition.
>>
>> The implication is that the IANA Contract with the NTIA will lapse, the
>> new ICANN Bylaws will be in effect and the stewardship transition will be a
>> done-deal.
>>
>> Alan
>>
>
> _______________________________________________
> ALAC mailing list
> ALAC at atlarge-lists.icann.org
> https://atlarge-lists.icann.org/mailman/listinfo/alac
>
> At-Large Online: http://www.atlarge.icann.org
> ALAC Working Wiki: https://community.icann.org/di
> splay/atlarge/At-Large+Advisory+Committee+(ALAC)
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://atlarge-lists.icann.org/pipermail/alac/attachments/20160929/56b110df/attachment.html>