[ALAC] IANA Transition

Salanieta T. Tamanikaiwaimaro salanieta.tamanikaiwaimaro at gmail.com
Fri Sep 30 20:49:38 UTC 2016


Hi Guys,

To read the Defendants response, see attachment.

Sala

On 30/09/2016 1:01 pm, "Salanieta T. Tamanikaiwaimaro" <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

> This is the lawsuit filed by a few US States against the NTIA, Larry S and
> others.
>
> see attached.
>
> On 30/09/2016 12:51 pm, "Carlton Samuels" <carlton.samuels at gmail.com>
> wrote:
>
>> @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.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
>>>>>>
>>>>>
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>>>>>
>>>>
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>>>
>>
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>
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