AW: [governance] "Oversight"

["Kleinwächter, Wolfgang"]

Fouad:
Let me reword this. ICANN stakeholders have to take down domains. [bodog.com takedown by US Immigration and Customs Enforcement]
why, because ICANN falls under California Law or simply put US jurisdiction:

David:
While it is true that ICANN and Verisign have entered into a contract regarding the operation of .COM, that is irrelevant. ICANN has no control over the content of the .COM zone (or any other zone, other than the ones it operates like icann.org of course).

Wolfgang:
One of the strength of the regulatory environment of the DNS system (as we have this discussed in our Summer School) is that it is based on a diversity of bilateral agreements which specifiy clearly what the contracting parties can do and can not do. With other words, if a problem appears which affects ICANN and/or any TLD Registry one has first to look into the bilateral contract. When Esther Dyson chaired the ICANN Board, this was called "regulating by contracting" and indeed, the diversity of the bilateral contracts give the whole system an additional stability. 
 
wolfgang

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