[governance] Big Porn v. Big Web Ruling Could Spell Trouble for ICANN / was Re: new gTLDs

[parminder]

This is a very important, and possibly a historic, news, which exposing 
the meaninglessness of ICANN's claim of independence from the US 
establishment.

A US court has given the go ahead to the anti-trust filing against ICANN 
decision instituting the .xxx gtld . There is every likelihood that this 
decision of ICANN may be found as going against US laws. What would 
ICANN do in that case? At the very least, it is quite probable that 
ICANN may be asked to put certain new provisions in its registry 
agreement regarding .xxx, as has been sought by the plaintiff. What 
would be ICANN's response in that case?

Remember that each of the new gltds will be open to similar review by US 
courts.

ICANN has lost a major battle regarding its claimed status as a global 
organisation responsible only to the global community, a claim which in 
any case had feet of clay....

And with it, also those who defend ICANN on the above ground have lost a 
major battle. I hope such defendants on the list will respond to this 
news and the paradox it poses.

It is now clear that ICANN is subject to US judicial review (which of 
course it always was), and that its decisions can be struck down by US 
courts, in which case, ICANN has just no option other than to reverse 
its decisions. For those who have expressed lack of clarity about the 
meaning of oversight, this is oversight. Well, to me more precise, this 
is judicial review which is a part of overall oversight.

parminder

On Tuesday 21 August 2012 06:37 AM, Robert Pollard wrote:
> Salanieta
>
> Thanks for these interesting links. I'm re-posting your message with a 
> new subject line, as the issue would seem to deserve a separate thread 
> from "new gTLDs".
>
> Although the suit may have some implications for new gTLDs, many of 
> the allegations re antitrust issues re the .xxx tld are based on the 
> the particular history of the establishment of .xxx and the actions of 
> ICM Registry, LLC in obtaining control of it
>
> Robert
>
>
> On Mon, Aug 20, 2012 at 6:44 PM, Salanieta T. Tamanikaiwaimaro 
> <salanieta.tamanikaiwaimaro at gmail.com 
> <mailto:salanieta.tamanikaiwaimaro at gmail.com>> wrote:
>
>     http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202567792748
>
>     http://pdfserver.amlaw.com/tal/icann.pdf
>
>

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