[governance] Re: [Arab IGF] ICANN to get $8 Million More from New .com Deal

Fouad Bajwa fouadbajwa at gmail.com
Sat Aug 4 17:35:41 EDT 2012


Actually this is one important aspect of ICANN in the IG discourse.
One common belief among some people I the GAC that I know was that
with the .xxx approval could provide them a simpler ground for
banning, blocking, filtering and censorship just based on a simple
"anything + .xxx" blanket block and for some others it wasn't a bad
idea either. For the people in the porn industry, well they have their
own story which is not the issue here but I know a lot of people in
the SF ICANN meeting that displayed the We Support .XXX GTLD badge
just to be on the blocking side of the table.

On the other discussion of legality, ICANN subject to US based
California laws can face injunctions, petitions and cases against its
judgements. This may actually come more into play when the new GTLD
approvals go forward. There might be resulting anger and counter
attempts to stop parties from launching their new gtlds but yes it is
yet unforeseen. I see new gtld stakeholder parties outside the US less
capable to do it unless they have branches in the US and can file and
pursue the cases.

Its still a very US centric game field.

Best

Fouad

On Sun, Aug 5, 2012 at 1:38 AM, Dr. Alejandro Pisanty Baruch
<apisan at unam.mx> wrote:
> Fouad,
>
> that can only be tested in practice. Someone (or many "ones") must have
> already had this idea and studied the case. If it hasn't yet been attempted
> it may be that these "ones" concluded that the risk of not having a case
> they could win was too high for the cost-benefit ratio they were looking
> after.
>
> But we'll never know until it happens or some as-yet unknown stories are
> told.
>
> Alejandro Pisanty
>
>
> ! !! !!! !!!!
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> ________________________________
> Desde: Fouad Bajwa [fouadbajwa at gmail.com]
> Enviado el: sábado, 04 de agosto de 2012 15:12
> Hasta: Salanieta T. Tamanikaiwaimaro; governance at lists.igcaucus.org
> CC: fahd.batayneh at gmail.com; Dr. Alejandro Pisanty Baruch
>
> Asunto: Re: [governance] Re: [Arab IGF] ICANN to get $8 Million More from
> New .com Deal
>
> Is it possible that someone with the right kind of legal backing and
> financial strength can drag ICANN to court and get an injunction at any
> point on both of the .xxx and new gtld go ahead to limit further activities
> on both?
>
> Fouad Bajwa
>
> On Aug 5, 2012 12:52 AM, "Salanieta T. Tamanikaiwaimaro"
> <salanieta.tamanikaiwaimaro at gmail.com> wrote:
>>
>> Slight edits:
>>
>> Fahd: What makes things even worst is that many board members (in their
>> capacity as employers of their respective firms) benifited their respective
>> employers with the approval of the New gTLD program. Even more, some past
>> board members jumped to greener shores with business ventures elsewhere (and
>> I am sure you know what I exactly mean).
>>
>>  Sal: Yes, that literally enraged the wider global community in terms of
>> "conflict of interest" management. The reality is that situation boiled down
>> to personal integrity and ethics as there was nothing in writing concerning
>> that specific situation.  This was of course addressed through rigorous
>> consultations with the global community  so that it never happens again.
>>
>>
>>
>>
>>
>>
>>
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