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

[Olivier MJ Crepin-Leblond]

Dear Parminder,

let me try and help here too:

On 09/04/2016 07:01, parminder wrote:
> US courts are not a subject of ICANN, it is the other way around....
> So courts are not going to observe the intricate niceties of ICANN's
> internal lingo..... gTLDs are directly controlled by ICANN, it can
> include and remove one from the operative list of gTLDs.... There is
> no other way to remove a gTLD... That alone counts, and the court will
> direct ICANN accordingly.... Just forget the ICANN jargon. Please
> respond to substantive points and issues.

So what you are saying is that ICANN has sole ability to add or remove
TLDs from the Root, so US courts could ask ICANN to remove TLDs from the
Root. But Parminder, we are always talking about 2nd level - ie. the
names *under* the top level domain. What you are effectively saying is
that a request could be made by a US court to remove a top level domain
from the Root --- WHY? This is throwing the baby out with the bathwater.
This is like asking for the Indian Top Level Domain .IN to be removed
from the root because a sub-domain under .IN is used for criminal
activity. What I mentioned in my previous message is that there is
jurisprudence already in the US for this, so this kind of request has
very little chance of ever succeeding.

>
> You havent responded to my substantive points, and are taking the
> cover of a jargon about which I care as little as a US court will..
> The substantive point it; is to proceed from an existing case,
> rojadirecta had taken a gTLD, it were .rojadirecta (or for wikipedia's
> case .wikipedia), and the same case had come to the same US court,
> where would its order to take down the web presence of the respective
> businesses be directed?  Would you care to respond to this point? Thanks. 

So here again, you are speaking about Top Level Domains. If I understand
you correctly, you take the example of Rojadirecta having applied
successfully for top level domain Rojadirecta - and what you are saying
is that there could be a request through a US court for this top level
domain to be removed from the Root. Using your words, that would "take
down the web presence of the respective businesses" -- all of the domain
names under .rojadirecta would be affected. Well, you're right. Perhaps
that's why Rojadirecta prefers operating under a variety of top level
domains that are not run by a US Registry rather than running its own
Top Level Domain.

Kindest regards,

Olivier