[governance] Question: In the wake of RegisterFly, is ICANN taking flight?

[yehudakatz at mailinator.com]

My original question regarding the RegisterFly Case was:

“… under which Court of International Law could a similar Suit be brought by
Plaintiffs who domicile outside of the US Jurisdiction? …”

The reservations I have concern ‘Due Process’, particularly in the matter
‘Jurisdiction’.

As it is, the case is now in the:

U. S. District Court - Middle District of North Carolina 
Case 07cv00188
Anne Martinez v RegisterFly, ICANN et. al.
Presiding Judge: Hon. Frank W. Bullock, Jr.
http://www.ncmd.uscourts.gov/

--

According to Webhosting.Info
http://www.webhosting.info/registrars/reports/total_domains/REGISTERFLY.COM

As of 04/02/07 RegisterFly has a total number of 895,291, about 1.110% of the
Global Market Share.

There was no information on the Demographics of these Domains, 
But for the sake of argument, lets presume 96% of the Domains were U.S. owned,
with 4% Foreign owned.

895,291 x .96 = 859479 U.S. / Domestic registrations
895,291 x .04 = 35811 Foreign registrations

Further each Registrant owned 12 domains each.

895,291 x .96 = 859479 U.S. / Domestic
859479/12 = 71623 U.S. Litigants

895,291 x .04 = 35811 Foreign
35811/12 = 2984 Foreign Litigants

Rounding up we have a *very conservative estimate* of 3000 ‘possible’ Foreign
Litigants.

-

THE QUESTION:

Under which ‘Jurisdiction’ could a similar Suit be brought by Plaintiffs whom
are domicile outside of the US?

My first inclination would be the International Court of Justice (ICJ) within
the realm of Public International Law.

http://en.wikipedia.org/wiki/International_Court_of_Justice

http://en.wikipedia.org/wiki/Public_international_law

--

I am prompted to feel this way in the wake of reports that ICANN is trying to
avoid the noose. Given ICANN's behavioral propensity to avoid conflicts, should
a move transpire, matters At-Large may worsen ICANN's transparency. 

Re:

http://politics.slashdot.org/article.pl?sid=07/04/03/1924227&from=rss

http://www.icann.org/psc/psc-report-final-25mar07.pdf

http://news.com.com/2061-10796_3-6172758.html?part=rss&tag=2547-1_3-0-20&subj=n
ews

--
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