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

[Milton L Mueller]

First, and I have said this twice already but you are not able to come up with a better example, EU antitrust actions will apply "only" to EU area and not globally.

[Milton L Mueller] Well, this is wrong in so many ways. An EU antitrust action against ICANN and an EU-based ICM would have exactly the same impact as a US antitrust actions against ICANN and a US-based ICM. That was the basis of your original complaint, do you recall?

One could say that U.S. antitrust actions will apply "only" to US area, just as you say that about the EU. But in fact, in both cases, because many of the markets involved are interdependent and virtually indivisible, actions that are proscribed in one major jurisdiction may affect all jurisdictions.

The point is that your whole attempt to construct this antitrust lawsuit as an example of a major injustice imposed on the world by the U.S. and for the benefit of the U.S. is wrong. And your attempt to paint people who expose the perfectly honest errors in your thinking as "apologists for the ICANN system" is not only churlish but amusing, when one considers that you are talking to me. There are many things about the ICANN regime to criticize and change, but you keep missing the target. And then you blame the people who point out that you've missed the target (some of whom have holes in their virtual bodies as a result) that they are imperialist apologists for the status quo. Yes, there are apologists out there. Talking to me like I am one of them just makes you look silly.

On the contrary, any US law constraining or dictating ICANN's action to that extent directly applies globally.
[Milton L Mueller] Any law from ANY jurisdiction constraining or dictating ICANN's action would have global effect, insofar as the global Internet relies on ICANN to administer the DNS. The only unique thing about the US is the IANA contract. Please try to concentrate your fire on that. And if your solution is to have 192 governments share that power, I suggest it will be a long time before most people involved in Internet matters support you.

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.

[Milton L Mueller] It was decided when ICANN was created that it would NOT be immune from antitrust law. This was a Good Thing. It is an important kind of check on the power of the governance system, whether or not one considers it a 'natural' monopoly. This is actually one of the advantages of working with a private actor rather than a government or, as you would have it, 192 governments all claiming sovereign immunity.

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.

[Milton L Mueller] Actually in some product areas, such as automobiles and consumer liability, California state law forced companies to make improvements that were extended nationwide - a race to the top - because it didn't make business sense to have two different production lines, one for California and another for the rest of the states. There are also cases where bad things occur because of this interdependence. E.g., when States Attorneys General in one state force nationwide ISPs to censor certain things they sometimes just censor them throughout the country.


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

BTW, If you cant put its gist and outlines in 3-4 paras I very much doubt that your book contains the solution.

[Milton L Mueller] If you can't describe how to save the world in 3-4 paragraphs it can't possibly work! Really, you are satirizing yourself here, Parminder. Good joke! I am having a good laugh!

PS: I did buy your book but did not get around to reading it yet.
[Milton L Mueller] Do your homework, young man. No stars for you.

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