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

[Adam Peake]

>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.


This is something we argued necessary during the 
Tunis phase of WSIS.  I think it would be the 
right thing to happen, would solve a few other 
issues... but I don't see it happening.  Didn't 
ICANN agree not to do this as part of the AoC?

Better, lobby our governments, they are our 
representatives, if they want to get involved and 
be legitimate in the GAC they should listen.  And 
make it an issue when current TLD contracts come 
up for renewal, we have a voice in the policy 
development processes.  And make it an issue in 
the applicant guide book and in advice we give to 
applicants.

Adam



>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 Daddy¹s 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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>
>____________________________________________________________
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