[At-Large] I: [ALAC-Announce] ICANN News Alert -- Notice of Preliminary Determination To Grant Registrar Data Retention Waiver Request for Ascio Technologies, Inc. Danmark - filial af Ascio Technologies, Inc. USA

John R. Levine johnl at iecc.com
Wed Dec 16 03:57:27 UTC 2015

> The thing to get our heads around is not that ICANN complies or not with 
> any of the myriad of laws around the world but that it feels entitled to 
> issue "waivers" as if it has any geo political legal standing on laws.

That seriously misrepresents what's going on.

ICANN operates under US law, and all of the registrars sign the same 
agreement.  The agreement is entirely compliant with US law, but laws in 
other countries are different and sometimes contract provisions that are 
legal in one country are not in another.  This is not something unique to 
ICANN or to US law.

So the waivers are the way that ICANN reconciles the inevitable conflicts 
between the terms in a complex contract and varying local laws.  If the 
contracts were changed to reflect, say, French law, you'd still need 
waivers for registrars outside Europe, the'd just be different ones.


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