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<font face="Verdana">I disagree with Karl that California remains
the best jurisdictional bet...<br>
<br>
Incorporation in international law is what is needed, and then
location does not matter much. But perhaps we are coming from
different standpoints and motivations. Mine is that of an
understandable desire of the non US world not to have such a key
global infrastructure as the Internet, in its some basic
functioning and governance, being subject to one country's
jurisdiction.<br>
<br>
As a stop gap measure, before such incorporation under
international law can be worked out, a new ICANN free from formal
NTIA oversight should set up a parallel redundant authoritative
root in a non US location, which is fully primed to work and take
over from the US based one the moment there is any interference by
the US state - whether its judicial, legislative or executive
branch, either in ICANN's policy process, or actual entries in the
authoritative root. Since Internet's root system works by
reputation and 'community acceptance' and not by any necessary
physical components and linkages, this should be easy to work
out.. This IMHO would be the best interim check on the US state's
possibilities to interfere with ICANN/ root file business.<br>
<br>
parminder <br>
</font><br>
<div class="moz-cite-prefix">On Friday 26 February 2016 09:31 PM,
Karl Auerbach wrote:<br>
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<blockquote cite="mid:56D076BF.1050702@cavebear.com" type="cite">
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<div class="moz-cite-prefix">On 2/26/16 12:55 AM, Evan Leibovitch
wrote:<br>
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<blockquote
cite="mid:CAMguqh0bJQ8SajYR7qzzkTuprUeAwp8m8iYb8U5MqLdYxCu6+w@mail.gmail.com"
type="cite">
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<div class="gmail_default" style="font-family:trebuchet
ms,sans-serif">Karl makes a compelling case why ICANN should
not be a California corporation.</div>
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</blockquote>
That was not my point at all.<br>
<br>
One can go to pretty much any country, any state, on the Earth and
will find similar laws.<br>
<br>
There will, of course, be variations in color and texture among
those laws. But no matter where, when people pool their interests
in a common enterprise there will be the same questions of control
during times of agreement and times of disagreement. From the
17th to the 20th century European ideas of organization were
spread around the world.<br>
<br>
These laws have been polished through centuries of experience.
Those who think they have a better idea often discover that that
idea has occurred before and was found wanting.<br>
<br>
I am old enough to have come of age during the "flower power" era
of the 1960's. I saw (and experienced) a lot of people and groups
who rejected "the establishment" and sought to reshape the world
along lines that were less confrontational, more "personally
empowered", more "love, peace, and good vibes". Those attempts,
like previous Utopian movements, faded because they were based on
aspirations rather than recognition of hard lessons of experience
with human nature.<br>
<br>
These proposals to restructure ICANN are similarly aspirational.
And similarly unrealistic.<br>
<br>
Perhaps most unrealistic is the idea that "we can just pick up and
move to somewhere else".<br>
<br>
The grass is not always greener on the other side of the fence.
And if one takes a look around it's going to be hard to find a
place that is more amenable than California to innovated
organizational structures. Which is a good reason to look at what
the aging Hippies who now run California have put into
California's public-benefit/non-profit corporations law with
regard to membership and the powers of that membership.<br>
<br>
Don't fight the system. Use it. <br>
<br>
--karl--<br>
<br>
<br>
<br>
<br>
<br>
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