[governance] oversight

[Michael Froomkin - U.Miami School of Law]

If ICANN won't sign an extension, the USG has the right to create an 
alternate ICANN.  ICANN has a contractual duty to assign all its 
agreements with registrars and registries to the new body.

So, no, ICANN doesn't have much of a choice, not really.

On Thu, 27 Oct 2005, Wolfgang Kleinwächter wrote:

>
>>>
>>> Following the terms of the MoU that expires next year?  Isn't ICANN
>>> still expecting this?
>>>
>>
>> It is still an open question as to whether the MOU will be allowed to
>> expire next year.
>
> yes, very open.
>
> This is completely under the US Govts' control.
>
> Doesn't ICANN have a say in whether or not they sign an extension ;-P
>
>
> Wolfgang:
> The key point is that ICANN has to do its homeowkr, according to the long list of "deliverables" defined in the last addendum of the MoU. If you go through the list, a lot have to be done. M yimpression is that without the implementation of this list, there will be no termination. And there is still a lot to do, and there are some vague formulations in the MoU which oipens room for interpretatiopn whether the objective has been achieved or not,  in particular with regard to ccTLDs, which gives the DOC any possibility to excuse if it doen´t want to terminate the MoU.
>
> w
>
>
>
>
> --
> Cheers,
>
> McTim
> nic-hdl:      TMCG
>
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-- 
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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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