[At-Large] R: R: CCWG Accountability WorkStream 2 Questions on ICANN Jurisdiction

Wolf Ludwig wolf.ludwig at comunica-ch.net
Thu Feb 9 01:19:55 UTC 2017


Plus 1 -- I entirely share Roberto's thoughts and concerns!

Best, Wolf


Roberto Gaetano wrote Tue, 7 Feb 2017 17:27:
><ALAC working List omitted, as I am not subscribed>
>
>I don't want to make this too long, but just to clarify, Trump's policy can affect ICANN directly and indirectly.
>Directly, if he decides to take action on the ccTLDs of "banned countries" - there has been already a quarrel a couple of years ago about Iran, that ended reasonably well with a positive judge decision. However, the question of the "ownership" of the ccTLDs has never been solved, and I could expect at least an enforcement of the law already in force (but enforced only mildly now) against the 5 "banned countries" (that are not the 7 arab countries that are the object of the visa issues, but the countries that are on the US blacklist and object of economic sanctions).
>Indirectly, targeting participants to meetings. And that is not limited to the citizen of the 7 countries that have the visa issue. On the Italian press I have read the case of the Italian citizen arrested in Chicago in transit because of a previous "suspect" Libyan visa. She has been handcuffed, not allowed to even go to the toilet for hours, and when finally released (she obviously lost the connecting flight) presented with a $2850 bill to cover the cost of the loss of time of the border control. I have on my passport a couple of visas that Trump might consider "suspect", so I am very happy that I do not have meetings in the US in the next months. As for transiting through the US when this is not my final destination, I have strictly avoided this ever since.
>Of course, there are other countries that are worse, no question about - so I hope everybody will understand that the attached picture, that is going viral on the web these days, is only a joke ;>)
>Cheers,
>Roberto
>
>
>> -----Messaggio originale-----
>> Da: Vanda Scartezini [mailto:vanda at uol.com.br]
>> Inviato: martedì 7 febbraio 2017 15:48
>> A: Roberto Gaetano; Robert Guerra; Olivier MJ Crepin-Leblond
>> Cc: ALAC Working List; At-Large Worldwide
>> Oggetto: Re: [At-Large] R: CCWG Accountability WorkStream 2 Questions on
>> ICANN Jurisdiction
>> 
>> Roberto
>> Will become worse for while, but we are also seeing huge reaction from
>> inside US, so my expectation will be only mild changes on the Internet, if any
>> ( more probably) , and in the free circulation of people to and from US.
>> I do not believe that jurisdiction of ICANN will affect more than normally
>> happens related to visa issues, other countries do have restrictions too and
>> some are more unpredictable then US.
>> If it will happen any relevant interference on Internet ( $ power will forbid, I
>> believe)then will be time to rethink the jurisdiction. Till then I do not believe
>> in huge impact.
>>  My 0,00002 cents
>> 
>> Vanda Scartezini
>> Polo Consultores Associados
>> Av. Paulista 1159, cj 1004
>> 01311-200- Sao Paulo, SP, Brazil
>> Land Line: +55 11 3266.6253
>> Mobile: + 55 11 98181.1464
>> Sorry for any typos.
>> HAPPY 2017!
>> 
>> 
>> 
>> 
>> On 2/7/17, 12:14 PM, "Roberto Gaetano" <at-large-bounces at atlarge-
>> lists.icann.org on behalf of roberto_gaetano at hotmail.com> wrote:
>> 
>>     Actually, I was thinking in terms of similar lines, but also wondering
>> whether under the Trump administration the jurisdiction issue would not
>> become worse.
>>     R.
>> 
>> 
>>     > -----Messaggio originale-----
>>     > Da: at-large-bounces at atlarge-lists.icann.org [mailto:at-large-
>>     > bounces at atlarge-lists.icann.org] Per conto di Robert Guerra
>>     > Inviato: martedì 7 febbraio 2017 15:02
>>     > A: Olivier MJ Crepin-Leblond
>>     > Cc: ALAC Working List; At-Large Worldwide
>>     > Oggetto: Re: [At-Large] CCWG Accountability WorkStream 2 Questions on
>>     > ICANN Jurisdiction
>>     >
>>     > I would hope that Cuban and Iranian internet users reply to this
>>     > questionnaire.
>>     >
>>     > regards
>>     >
>>     > Robert
>>     >
>>     > --
>>     > Robert Guerra
>>     > Twitter: twitter.com/netfreedom
>>     > Email: rguerra at privaterra.org
>>     > PGP Keys : https://keybase.io/rguerra
>>     >
>>     > On 7 Feb 2017, at 6:35, Olivier MJ Crepin-Leblond wrote:
>>     >
>>     > > Dear colleagues,
>>     > >
>>     > > on the ICANN evolution working group's last call (
>>     > > https://community.icann.org/x/F47RAw ) we had a very healthy
>>     > > discussion on the topic of ICANN Jurisdiction which one of the CCWG
>>     > > Accountability workstream 2 sub-groups is addressing. The sub-group
>>     > > has sent out a short questionnaire to collect input from the
>>     > > community. This is attached.
>>     > >
>>     > > The questions are:
>>     > >
>>     > > 1. Has your business, your privacy or your ability to use or purchase
>>     > > domain name-related services been affected by ICANN's jurisdiction*
>> in
>>     > > any way?
>>     > > If the answer is Yes, please describe specific cases, situations or
>>     > > incidents, including the date, the parties involved, and links to any
>>     > > relevant documents. Please note that “affected” may refer to positive
>>     > > and/or negative effects.
>>     > > 2. Has ICANN's jurisdiction* affected any dispute resolution process
>>     > > or litigation related to domain names you have been involved in?
>>     > > If the answer is Yes, please describe specific cases, situations or
>>     > > incidents, including the date, the parties involved, and links to any
>>     > > relevant documents. Please note that “affected” may refer to positive
>>     > > and/or negative effects.
>>     > > 3. Do you have copies of and/or links to any verifiable reports of
>>     > > experiences of other parties that would be responsive to the questions
>>     > > above? If the answer is yes, please provide these copies and/or links.
>>     > > 4. a. Are you aware of any material, documented instance(s) where
>>     > > ICANN has been unable to pursue its Mission because of its
>>     > > jurisdiction?* If so, please provide documentation.
>>     > > b. Are you aware of and able to document the existence of an
>>     > > alternative jurisdiction where ICANN would not be so prevented from
>>     > > pursuing its Mission? If so, please provide documentation.
>>     > >
>>     > > Please be so kind to let us know your answers.
>>     > >
>>     > > Kindest regards,
>>     > >
>>     > > Olivier
>>     > > (for the At-Large ICANN evolution working group)
>>     > > _______________________________________________
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