[governance] ITU vs. ICANN

[Avri Doria]

hi,

Sorry I missed that ARIN discussion, was off doing something else.

I do not see why the US would have to accept it.  Is there a controlling treaty that the US has signed that indicates it MUST accept all ITU decisions?  I did not have the impression that this was the case.  Can anyone point me to the law on this?

a.


On 8 Oct 2010, at 12:10, McTim wrote:

> Hi,
> 
> On Fri, Oct 8, 2010 at 7:00 PM, Avri Doria <avri at acm.org> wrote:
> Hi,
> 
> 
> interesting question.
> 
> if the ITU so decides, what difference would it actually really make?
> other than raising heat and discord levels, that is.
> 
> there is no reason that ICANN would have to accept this decision.
> in fact, according to California law, it cannot accept an external veto.
> 
>> I share this opinion, but we just had this discussion at the Open Mic hour of the ARIN meeting less than 10 minutes ago.  Folk seem to think that the US would have to pass laws effecting the ITU decisions, since they are bound by treaty.
>>  
> 
> and there is no reason why those who are already in the GAC would have to accept it either, because unless i am mistaken, ITU decisions do not have the value of treaties - and even then treaties only count after nations have signed them.  
> 
>> That is not the interpretation we just heard at ARIN, maybe JC would like to weigh in here?
> 
>  
> and in fact withdrawing from GAC would just decrease the near veto they already have on the ICANN Board.
> 
> 
>> I think they would gladly trade that for real "plenipotentiary" powers.  It would be a "coup" basically, they couldn't get WSIS to agree that they should be in charge, so they might just declare themselves in charge!
> 
>  
> interesting times.
> 
>> If the worst-case scenario happened, I would encourage ICANN to move to a non-ITU treaty territory, maybe buy an island somewhere with the 25cents per domain name fee. 
>> 
>> ;-)
>> 
>> -- 
>> Cheers,
>> 
>> McTim
>> "A name indicates what we seek. An address indicates where it is. A route indicates how we get there."  Jon Postel
>> 
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