[At-Large] R: R: Is ICANN's oversight really moving away from the US government?

[bzs at theworld.com]

Parminder:

Many of the questions you raise are far outside of my areas of
expertise.

The questions which come to my mind are whether ICANN becoming an ITO
would really immunize them against actions you describe? It may make
it more difficult to execute an action but the complainants you
describe generally have sufficiently deep pockets that this is largely
a budget issue.

And there is the other side of that coin. International adjudication
has its own various track record. Is it a priori superior to US law?

Particularly in areas ICANN is likely to be subject to actions,
largely commercial matters. What about other jurisdictions -- others
have advocated for Swiss incorporation, for example. That is
relatively easy to obtain if so desired compared to an ITO status.
Superior? Others?

Also, as I believe Michael Froomkin pointed out previously, is such
broad immunity even desirable? What are the potential downsides? For
example if ICANN found itself in the grips of a rogue board what would
a complainant prefer? An ITO or US corporation?

I don't think the dialectic for this suggestion has been fully
explored and thus it seems too early to enter into an advocacy
position.

-- 
        -Barry Shein

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