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

Milton Mueller Mueller at syr.edu
Tue Aug 1 11:22:31 EDT 2006

Dr. Milton Mueller
Syracuse University School of Information Studies

>>> rguerra at lists.privaterra.org 8/1/2006 11:10 AM >>>
>Has the idea of creating a host country agreement with the US been 
>proposed, one that keeps ICANN in Marina del Rey, but not operating 
>under California law..

Calfiornia law is not the problem. In fact, California Nonprofit Public
Benefit Corp. law is quite good for public interest, and helps keep
ICANN accountable. E.g., when ICANN refused to turn over its financial
records to a dissident Board member they were sued under that law and
ICANN lost. 

By way of contrast, international organizations are often immune from
accountability because of their special status. We DON'T want that.

Let's keep our eye on the ball: the problem is the MoU with the
Commerce Dept. (which they promise would expire and still nominally say
will) and the USG's control of IANA (which they say they will never let
go of). 

Both instruments give the US too much political control over ICANN and
the policies it sets. 

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