[ALAC] IANA Transition

Carlton Samuels carlton.samuels at gmail.com
Fri Sep 30 00:50:28 UTC 2016


@Eduardo:
They seek 'declaratory and injunctive relief' so depending on the judge, he
might grant even a temporary injunction to hear arguments.

Carlton


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

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

On Thu, Sep 29, 2016 at 4:21 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 <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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>>
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>
>
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