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

[Thomas Lowenhaupt]

Olivier,

As you stated:

    ...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.

So it seems you agree with Parminder, that .rojadirecta's being forced 
to operate under U.S. jurisdiction necessarily results in their seeking 
alternatives. I read your position as, if I may paraphrase, "If they're 
not willing to abide by U.S. law they should take a hike." And Parminder 
is saying "this is unfair, U.S. rules should not be global." I lean 
toward Parminder.

But I'm not sure an engagement argument based on aiding a giant 
corporation will resonate with our members, who represent the interests 
of individual internet users. However, it seems obvious that no single 
nation's laws should rule the Internet. As such, it might be appropriate 
that an initiative for an equitable and stable global governance process 
for the root should begin here.

Best,

Tom


On 4/9/2016 3:57 PM, Olivier MJ Crepin-Leblond wrote:
> Dear Thomas,
>
> On 09/04/2016 20:51, Thomas Lowenhaupt wrote:
>> Perhaps I'm missing something, but isn't Parminder's thought
>> bottom-up, and in-line with the multi-stakeholder concept? (And I see
>> some merit in his concerns about gTLD governance.)
> The Treaty Model which Parminder argues for requires signature from UN
> Member States.
> http://www.un.org/en/member-states/
>
> Where is Civil Society?
> Where are End Users?
> Where are the Technical & Academic Communities?
> Where is the Private Sector?
>
> Kindest regards,
>
> Olivier
>
>
>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://atlarge-lists.icann.org/pipermail/at-large/attachments/20160409/22b55ac1/attachment.html>