[governance] Re: Why the unilateral US control over generic TLD is dangerous

[Avri Doria]

Hi,

I think Parminder is right, the location of the Registry and the contract it has with ICANN affect where the case will be heard.  In some cases it may end up being registrar, but mostly the Registry is the issue.

Though I don't think we would an International Treaty which implies that governments are the ones who have come to agreement on the modalities, but rather a Host Country Agreement that allows the organization to be run under its own By-Laws with its own defined methods of multistakeholder oversight.

I expect  that Parminder and I, at least, may disagree on this point.  Although it seems that for now, this is a moot point - I see no evidence that ICANN is considering becoming an International organization operating under a host country agreement.

a.

On 2 Feb 2011, at 03:54, parminder wrote:

> 
> 
> Adam Peake wrote:
>>> 
>>> So, generic TLD are not really international, they are limited to US 
>>> corporations? 
>> 
>> 
>> No, it is the location of the registrar.  In Rojadirecta's case seems it was GoDaddy a U.S. company.  Rojadirecta should have transferred their name away from a US company as soon as they had trouble. 
>> 
>> Adam 
> 
> Are you sure? Similar seizures earlier were done from the registry operator level who runs the generic tld, verisign in that case
> 
> see quote from http://domainincite.com/icann-had-no-role-in-seizing-torrent-domains/ 
> 
> Ben Butler, Go Daddy’s director of network abuse, has just provided me with the following statement, via a spokesperson:
> It appears the domain names were locked directly by VeriSign. Go Daddy has not received any law enforcement inquiries or court orders concerning the suspension of the domains in question.
> 
> Go Daddy has not been contacted by ICE or DHS on the domain names in question.
> 
> 
> The point is ICANN, tld operators and many top registrars all are subject to US jurisdiction and will HAVE to to what US Laws seeks of them.... So the question of an international treaty raised by Stephane. parminder 
> 
> 
> 
>> 
>> 
>> 
>> 
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> 
> -- 
> PK
> 
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