[ALAC] IANA Transition

Javier Rua javrua at gmail.com
Thu Sep 29 21:40:26 UTC 2016


Eduardo, 

These constitutional /  property matters were thoroughly discussed and dismissed as non-issues by the nonpartisan Government Accounting Office. Find @ http://www.gao.gov/assets/680/679691.pdf

Javier Rúa-Jovet
(ALAC NorthAm after ICANN57)

+1-787-396-6511
@javrua
https://www.linkedin.com/in/javrua

> On Sep 29, 2016, at 5:21 PM, Eduardo Diaz <eduardodiazrivera at gmail.com> wrote:
> 
> @Carlton:
> 
> So what are you saying? That the IANA transition might get stopped?
> 
> -ed
> 
>> On Thu, Sep 29, 2016 at 5:17 PM Carlton Samuels <carlton.samuels at gmail.com> wrote:
>> 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
>> 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.texasattorneygeneral.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
>>> 
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