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

Milton L Mueller mueller at syr.edu
Mon Aug 27 14:25:42 EDT 2012


Parminder,


No, it will make European/ Indian decision applicable *only* to ICM registry and *not* to the ICANN. This is a straight forward and obvious fact despite your very clever attempt to twist it to suit you.


Ø  don't assume everyone is trying to apologize for imperialism when they are

Ø  simply explaining things to you. I know it's sometimes embarrassing to be wrong

Ø  in public, but it happens to all of us.

Ø

Ø  If ICANN - which, like Google or Microsoft, also operates in Europe - was found to be a

Ø  co-conspirator to dominate the market for porn with a domain name registry then

Ø  European antitrust law would be as applicable as US law. See how EU antitrust actions

Ø  have affected Intel, MSFT and, potentially, Google.

Ø

Ø  But of course, it IS true that if ICANN is found to violate California Corporation law

Ø  then California law would be applicable in special ways that no other jurisdiction would have.

Ø  However,  by this standard people like me outside of California are as disenfranchised as

Ø  you are. In other words, I have no more say and representation in California law than you do.

Ø  I do not vote for its legislature, I do not pay it taxes (thank God).

Ø  Now, either you are forced to admit that 80% of the US is subject to the same injustice as

Ø  you or (as I suspect will happen) you will continue to play the US card because that kind

Ø  Of identity politics is more effective at getting people lathered up, just like Japanese/Chinese/

Ø  Korean nationalism over small dead rocks in the sea

And your solution to this problem is? As a key political actor in this space you must have some kind of a possible solution, and a possible roadmap to it.


Ø  Read my book

Ø  (sorry Bill, did it again. But in this case, perhaps warranted?)


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