[bestbits] Fwd: Is the Internet Really Free of US Control?

[Ayden Férdeline]

I am familiar — an appellate court issued an opinion on the case back in August: [https://www.cadc.uscourts.gov/internet/opinions.nsf/D35ACE5F0E9673C085258003005094AE/$file/14-7193.pdf ](https://www.cadc.uscourts.gov/internet/opinions.nsf/D35ACE5F0E9673C085258003005094AE/$file/14-7193.pdf)

Here is an extract from a commentary on the case from Phil Corwin (please pay particular attention to the final sentence; emphasis has been added): "In my view, this result avoids the possibility of a major erosion of confidence and participation in ICANN by ccTLD operators by making clear that a respected Court of Appeals in the U.S. possesses adequate technical understanding of the DNS to avoid a legal decision that could lead to technical and political instability — many nations would not wish to continue in a DNS coordinated by a U.S. non-profit corporation if it could be ordered by a U.S. court to transfer control of any nation's ccTLD. This decision will also hopefully tamp down calls by some parties for ICANN's place of incorporation to be moved outside of the U.S. by demonstrating that ICANN's jurisdiction does not create a threat to other nation's ccTLDs."

Best wishes,



Ayden Férdeline
[linkedin.com/in/ferdeline](http://www.linkedin.com/in/ferdeline)



-------- Original Message --------
Subject: Re: [bestbits] Fwd: Is the Internet Really Free of US Control?
Local Time: 18 October 2016 7:52 PM
UTC Time: 18 October 2016 18:52
From: bzs at TheWorld.com
To: Ayden Férdeline <ayden at ferdeline.com>
Marianne Franklin <m.i.franklin at gold.ac.uk>, parminder <parminder at itforchange.net>, BestBitsList <bestbits at lists.bestbits.net>


Although the issue certainly has older roots I believe some of this
ICANN jurisdictional discussion was energized by this 2014 lawsuit:

http://www.domainpulse.com/2014/06/26/israeli-american-terrorism-victims-sue-seize-irans-cctld/

Israeli And American Terrorism Victims Sue To Seize Iran’s ccTLD

you can find many other articles on the suit.

Plaintiffs were unsuccessful in this aspect of their pursuit of assets.

ICANN was served and responded:

https://www.icann.org/en/system/files/files/icann-response-writs-subpoenas-28jul14-en.pdf

--
-Barry Shein

Software Tool & Die | bzs at TheWorld.com | http://www.TheWorld.com
Purveyors to the Trade | Voice: +1 617-STD-WRLD | 800-THE-WRLD
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