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

[Salanieta T. Tamanikaiwaimaro]

My personal views are if anything I would say that the situation proves
that the system works. It means that decisions can be subject to scrutiny.
Having personally seen voluntary scrutiny take place within ICANN and now
seeing decisions being checked by the legal system it shows that the
organisation is answerable.

If anything, the US is probably the strictest enforcer of antitrust laws in
the world and standards for corporate governance rate as among the highest
if not the highest. This should inspire confidence that decisions can be
checked. For ICANN it means an internal self evaluation and ongoing
assessment to ensure that they perform their obligations to the highest
standards.

Organisations all over the world, governments included continue to learn,
grow and evolve that is part of life. You pick up and learn and move on. It
does not mean that all your actions are going to be flawless - show me one
perfect organisation and I will show you Utopia. Of course that does not
mean that we do not strive for excellent
 standards.


On Tue, Aug 21, 2012 at 6:45 PM, parminder <parminder at itforchange.net>wrote:

>
> 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> wrote:
>
>
>> http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1202567792748
>>
>> http://pdfserver.amlaw.com/tal/icann.pdf
>>
>
>
>
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-- 
Salanieta Tamanikaiwaimaro aka Sala
P.O. Box 17862
Suva
Fiji

Twitter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Fiji Cell: +679 998 2851
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