[governance] and more Re: Ideas that this mailing list has agreed to

Michael Froomkin - U.Miami School of Law froomkin at law.miami.edu
Wed Nov 9 14:11:52 EST 2005


As a matter of international law, the ccTLD is, I think, quite clearly 
*NOT* national property.  I explain why at 
http://www.law.miami.edu/%7Efroomkin/articles/ccTLDs-TM.pdf .

Of course, as a matter of domestic law, it remeans within the power of a 
sovereign state to make whatever rules for domestic consumption it may 
desire.  The existence of such a rule does not, however, require those of 
us abroad to adhere to it, although we are also free to choose to do so.

On Wed, 9 Nov 2005, Jacqueline Morris wrote:

> Hi Avri
> OK - then we have another difference here... but to me any ccTLD is
> logically the country property (not that of the government) -
> difference noted previously.
> Can you explain where the ownership should lie if not with the country
> as a ccTLD?
> JAM
>
> On 11/9/05, Avri Doria <avri at psg.com> wrote:
>> correction left out an imporatnt word
>>
>> On 9 nov 2005, at 10.10, Avri Doria wrote:
>>
>>>
>>> On 9 nov 2005, at 08.59, Adam Peake (ajp at glocom.ac.jp) wrote:
>>>
>>>>
>>>> 52. We also agree with the US government that governments have
>>>> legitimate public policy and sovereignty concerns with respect to the
>>>> management of their ccTLD,
>>>>
>>>
>>> i don't agree with this as I do beleive that the ccTLDs should be
>>> automatically acknowledged as sovereign property.
>>
>> ...as I do not beleive ...
>>
>>>
>>>
>>>>
>>>> a) in keeping with the US government's recognition that governments
>>>> have legitimate public policy and sovereignty concerns with
>>>> respect to
>>>> the management of their ccTLD, and has welcomed the further
>>>> opportunity for dialogue on these issues and seems committed to
>>>> ensuring progress,
>>>>
>>>
>>> i would prefer that this acknowledgment not be included.
>>>
>>>
>>> a.
>>> _______________________________________________
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>>>
>>>
>>
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>
>
> --
> Jacqueline Morris
> www.carnivalondenet.com
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>
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