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

Seun Ojedeji seun.ojedeji at gmail.com
Sat Apr 9 06:15:01 UTC 2016


Sent from my LG G4
Kindly excuse brevity and typos
On 9 Apr 2016 06:53, "parminder" <parminder at itforchange.net> wrote:
>
>
>> However, I guess your question above still begs the response of asking
what will be different if it was a non-US order; will ICANN not receive an
order if it's based outside USA?
>
>
> I dont see ICANN receiving orders unless it just have to.... and it does
not have to, in case of non US jurisdictions.
>
SO: ... What non US jurisdiction will make it not receive such order?

>
>> Will ICANN not receive an order if it's based on treaties?
>
>
> Yes, of course....One of the main purposes of such a treaty would be to
earn for ICANN immunity from host country jurisdiction. All treaty based
international organisations have that..
>
SO: As attractive as this may seem and you may be surprised that I also
wish this were possible but I think we must also face the reality of what
it takes to get such treaties? especially the duration. ICANN serves the
global community, so what will the implications be for the countries that
does not sign the treaties? how does ICANN maintain its current
multistakeholder nature if founded on such treaties?. I think this is just
a matter of priorities; we should weigh which is more important than the
other and I think preservation of the multistakeholder nature of ICANN,
it's openness and it's structure is of importance than the threat of
jurisdiction which doesn't happen often (and only affects a scenario when
it happens).

Regards
> parminder
>>
>> Cheers!
>> > parminder
>> >
>> >> This is a deep misunderstanding. No reasoning based on this statement
will lead to any valid conclusion (unless the logic in the reasoning is as
flawed as the statement.)
>> >>
>> >> Alejandro Pisanty
>> >>
>> >> <message tail snipped>
>> >
>> >
>> >
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>
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