[governance] Re: Burr & Cade: proposal for introducingmulti-lateral oversight of the root

Stephane Bortzmeyer bortzmeyer at internatif.org
Tue Aug 1 08:36:36 EDT 2006

On Tue, Aug 01, 2006 at 01:06:26PM +0200,
 Bertrand de La Chapelle <bdelachapelle at gmail.com> wrote 
 a message of 1421 lines which said:

> As far as I know, there is no possibility today to create entities
> directly at the international level,

It is indeed a big problem. Do note that, even inside the European
Union only, the problem exists: none of the contenders for the
management of ".eu" was "european" for that reason.

> ICANN was incorporated as a US non-profit corporation for many
> reasons. But one of them is that there was no way to do anything
> else directly at the international level.

This is a very weak argument. Because, if it were a real reason, ICANN
could have been incorporated anywhere in the world.

> As the traditional mechanism of a pure intergovernmental
> organization is obviously not appropriate, what status could be
> created so for a new type of international, multi-stakeholder
> structure ? And what law would apply, irrespective of the place its
> "offices" are located in ?

A realistic and short-term solution, which I suggested at the WSIS, is
simply to host the new structure in an "innocent country", a small and
quite neutral country which, unlike the USA or China or France, seems
safe for everyone. Costa-Rica or Finland are two typical examples (and
they have good Internet connectivity).

But the hosting country is typically a detail: noone complains that
the RIPE-NCC is a Dutch organization (because it cannot be
european). That is because there is no MoU between the RIPE-NCC and
the Dutch governement and no claims from the Dutch governement that it
owns the Internet.
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