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

[parminder]

Milton

On Monday 27 August 2012 11:55 PM, Milton L Mueller wrote:
>
> 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.
>
> Ødon't assume everyone is trying to apologize for imperialism when 
> they are
>
> Øsimply explaining things to you. I know it's sometimes embarrassing 
> to be wrong
>
> Øin public, but it happens to all of us.
>
> Ø
>
> ØIf ICANN - which, like Google or Microsoft, also operates in Europe - 
> was found to be a
>
> Øco-conspirator to dominate the market for porn with a domain name 
> registry then
>
> ØEuropean antitrust law would be as applicable as US law. See how EU 
> antitrust actions
>
> Øhave affected Intel, MSFT and, potentially, Google.
>

First, and I have said this twice already but you are not able to come 
up with a better example, EU anti trust actions will apply "only" to EU 
area and not globally. On the contrary, any US law constraining or 
dictating ICANN's action to that extent directly applies globally. This 
is a simple straight forward fact. Please also see David's scenario 
building about a possible adverse .xxx decision and the likely global 
impacts.

Secondly, I am surprised that you are equating a governance system 
providing a 'monopoly' public service with companies providing 
commercial services. They are very different.

> Ø
>
> ØBut of course, it IS true that if ICANN is found to violate 
> California Corporation law
>
> Øthen California law would be applicable in special ways that no other 
> jurisdiction would have.
>
> ØHowever, by this standard people like me outside of California are as 
> disenfranchised
>

Yes, you are. Would not non californians mind if california was making 
laws that, like federal law, apply to whole of US. They should if they 
are not.

> as
>
> Øyou are. In other words, I have no more say and representation in 
> California law than you do.
>
> ØI do not vote for its legislature, I do not pay it taxes (thank God).
>
> ØNow, either you are forced to admit that 80% of the US is subject to 
> the same injustice as
>
> Øyou or (as I suspect will happen)
>

To the extent California law applies to ICANN, yes, but a lot of federal 
law and executive powers also apply to ICANN in which case, not... Again 
straightforward stuff.

> you will continue to play the US card because that kind
>
> ØOf identity politics is more effective at getting people lathered up, 
> just like Japanese/Chinese/
>
> ØKorean nationalism over small dead rocks in the sea
>

:). You are getting desperate here. I aint playing identity politics ( 
not that all identity politics is wrong). I am pointing to location of 
illegitimate power, and, now since you provoke me :) , to some of its 
desperate defenders, who want to have their cake (enjoy and take 
benefits from the power) and eat it too (look like just and fair people 
in the global public sphere).
>
> 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.
>
> ØRead my book
>

I must say, a very high handed response. BTW, If you cant put its gist 
and outlines in 3-4 paras I very much doubt that your book contains the 
solution. But you are welcome to prove me wrong. Why dont you oblige 
this group by briefly describing your solution here. That just may make 
many/ some of us read your book...

parminder

PS: I did buy your book but did not get around to reading it yet.


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

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