[governance] Finalizing the IG Section of the CS Statement on Tunis

[Michael Froomkin - U.Miami School of Law]

On Sat, 3 Dec 2005, Jacqueline Morris wrote:

> As I've said before, I disagree with Governments equalling country re
> sovereignty over ccTLDs - I believe that it's the country's ccTLD,

I absolutely agree with Jacqueline Morris here: this claim, which has no 
basis at all in international law, as I demonstrated in a legal article, 
is being advanced by governments to avoid having to resort to messy 
domestic legal processes.

Imagine, for example (as was not the case) that there had a been a 
domestic US operator of the .us ccTLD.  US constitional law would require 
compensation if the government tried to "take" the registry...but not if 
they could get an international process to do it for them.  This same 
calculus drove Australia's use of ICANN to take .au from Robert Etz.  This 
should not be retroactively legitimaged.

> which is held in Trust by the government or whoever/whatever holds
> that trust on behalf of the country and the people of the country, but
> the two are not necessarily equal, to me. So, I agree partially, but I
> would prefer:
-- 
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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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