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

Tue Aug 21 03:35:56 EDT 2012

Sala,

You are getting me wrong... I am not faulting ICANN's decision.... I 
have no view on this particular decision of ICANN to have a .xxx gtld. I 
am speaking about applicability of the jurisdiction of US courts on all 
ICANN decisions. And since US courts apply US law, it is the 
applicability of US laws over all ICANN decisions, which is also called 
'oversight'. And I dont like anything that calls itself a global system/ 
infrastructure to be subject to laws that I do not have an opportunity 
to participate in making. Simple democratic principle. No legislation 
without representation.......

The argument that US has strongest anti-trust laws is quite beside the 
point.... But then if you have to pursue that line, US has some of the 
worst IP laws, but still when an IP issue vis a vis any ICANN decision 
comes up for judicial review, it will still be the same US courts and US 
law, and not Brazilian courts and law.....

Dont you think this is undemocratic, and unjustified.... parminder

On Tuesday 21 August 2012 12:53 PM, Salanieta T. Tamanikaiwaimaro wrote:
> 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 
> <mailto: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
>>     <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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> -- 
> Salanieta Tamanikaiwaimaro aka Sala
> P.O. Box 17862
> Suva
> Fiji
>
> Twitter: @SalanietaT
> Skype:Salanieta.Tamanikaiwaimaro
> Fiji Cell: +679 998 2851
>
>
>

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