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

[David Conrad]

Parminder,

On Aug 29, 2012, at 11:21 PM, parminder <parminder at itforchange.net> wrote:
> I will cut out both the chaff and the detail, sticking to the main issue we are discussing here.

Actually, I was attempting to understand the rationale someone might use to assert ICANN is not subject to US law since you stated ICANN apologists did this, but I get that you don't want to talk about your earlier statement.

> This to me is a convincing case that we should develop and propose a clear alternative for CIR management that is not dependent on the laws and executive authority of one country. 

I suspect many, if not all, of the folks you deride as "status quoists" would simply respond with "great idea, now where's that proposal for a clear alternative again?" 

> Basically, in the circumstances, the only option is to base ICANN on international law, with a host country agreement and immunities for its functions vis a vis its physical location.

As this is not my area of expertise, can you point to a similar case where a private organization has been based on international law and granted immunities? I'm curious as to how such organizations originated and evolved.

> And the only way to make international law is for all countries to get together and make it, while it being a fully open and participative process for everyone else.

I thought most (all?) international law was the result of treaties between governments which may or may not be the result of "a fully open and participative process for everyone else".  In fact, my impression has been that most international law was sort of the opposite of "fully open and participative".

Regards,
-drc


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