[bestbits] [governance] IANA transition - BR Gov comments on the CCWG-Accountability Draft Proposal

[Mawaki Chango]

It's good to see a law scholar involved in this discussion. I'll leave it
to the Brazilian party to ultimate tell whether your reading is correct or
not. In the meantime I'd volunteer the following comments.

On Jun 8, 2015 10:46 PM, "Michael Froomkin - U.Miami School of Law" <
froomkin at law.miami.edu> wrote:
>
> Perhaps I'm misreading something, but I read this document to make the
following assertions:
>
> 1. All restrictions on ICANN's location must be removed.
>

And the question reopened for deliberation by all stakeholders, including
governments among others. Only the outcome of such deliberation will be
fully legitimate within the framework of the post-2015 ICANN.

> 2. ICANN does not have to leave the US but must be located in a place
where the governing law has certain characteristics, including not having
the possibiliity that courts overrule ICANN (or at least the IRP).
>
> (And, as it happens, the US is not such a place....)
>

Not only avoiding courts overruling relevant outcomes of the Internet
global community processes, but also examining and resolving the possible
interferences/conflicts that might arise for government representatives
being subject to a foreign country law simply in the process of attending
to their regular duties (if they were to be fully engaged with ICANN).

Quote:
"From the Brazilian perspective the existing structure clearly imposes
limits to the participation of governmental representatives, as it is
unlikely that a representative of a foreign government will be
authorized (by its own government) to formally accept a position in a
body pertaining to a U.S. corporation."

This may be what you're getting at with your point 3 below, but I'm not
sure whether the problem is only the fact that governments have to deal
with a corporate form/law or whether it is altogether the fact that it is a
single country law without any form of deliberate endorsement by the other
governments (who also have law making power in their respective country
just as the US government).

Assuming your reading is correct, and if necessary complemented by my
remarks above, I'd be interested in hearing from you about any issues you
may see with the BR gov comments.
Thanks,

Mawaki

>
> 3. ICANN doesn't have to change its form, but it needs a form where
governments are comfortable.
>
> (And, as it happens, the corporate form is not such a form....)
>
>
> What am I missing?
>
>
>
> On Sat, 6 Jun 2015, Carlos A. Afonso wrote:
>
>> For the ones who are following the IANA transition process: attached
>> please find the comments posted by the government of Brazil on June 03,
>> 2015, in response to the call for public comments on the
>> CCWG-Accountability Initial Draft Proposal.
>>
>> I generally agree with the comments.
>>
>> fraternal regards
>>
>> --c.a.
>>
>
> --
> A. Michael Froomkin, http://law.tm
> Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
> Editor, Jotwell: The Journal of Things We Like (Lots),  jotwell.com
> Program Chair, We Robot 2016 | +1 (305) 284-4285 |  froomkin at law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
>                         -->It's warm here.<--
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