AW: [governance] "Oversight"

[parminder]

On Monday 04 June 2012 01:17 PM, "Kleinwächter, Wolfgang" wrote:
> 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
>    

Wolfgang

You would know that the nature of contractual relationships between 
private entities has very little bearing, if any, on enforcement of a 
large majority of national laws. And it is the possible enforcement of 
such laws of US on ICANN that we have been speaking about. ( The.xxx 
decision being currently examined in a US court on anti-trust grounds is 
a case in point.)

  I also have no idea what you mean by "if a problem appears which 
affects ... any TLD Registry one has first to look into the bilateral 
contract. ". When all the .com based websites were seized by US gov on 
IP related grounds what contract got seen??? No contract mattered, did 
it. The websites simply disappeared.

For those who have been arguing that ICANN cannot remove individual 
websites, that might be true, but they can remove complete domain names, 
like cctlds, isnt it. (If in doubt about this, pl read the blog by the 
CEO of Canadian Internet Registration Authority.) For us outside the US, 
that is bad enough.

On the other hand, I am not completely sure what is the impact of the 
recent securitisation of the DNS/root zone with regard to possible 
domain seizures and other interferences, but I suspect that there are 
indeed some important implications of it. It is the lack of capacity 
outside well funded North based IG spaces that we dont have such 
required analysis and information available widely. However, what little 
I have gleaned from different sources makes me feel not too comfortable. 
Those who seem to know about these things may share further 
information.... parminder


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