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

[Dominique Lacroix]

Le 31/08/12 23:44, Milton L Mueller a écrit :
> */[Milton L Mueller] It was decided when ICANN was created that it 
> would NOT be immune from antitrust law. /*
Thank you Milton. That seems an important point, indeed.
I'd like a lot to learn from you where that decision was written?
Some can consider that as long as the USG oversights ICANN, it means 
that ICANN should escape anti-trust laws.
Other claim that ICANN is nearly an international ONG, that should 
receive a sort of immunity.

Actually, in the recent .XXX trial, ICANN alleged:

    "/ICANN does not engage in “trade or commerce./”

Microsoft Word - JD_3157966_2.DOCX

12.

    "/ICANN is engaged in “charitable //(Noncommercial) and public”
    activities intended to “lessen[] the burdens of government and
    promot[e] //the global public interest in the operational stability
    of the Internet./”

    Microsoft Word - JD_3157966_2.DO

<http://www.icann.org/en/news/litigation/manwin-v-icm/icann-motion-to-dismiss-complaint-20jan12-en.pdf>From:ICANN's 
Motion to Dismiss Complaint 
<http://www.icann.org/en/news/litigation/manwin-v-icm/icann-motion-to-dismiss-complaint-20jan12-en.pdf> 
[PDF, 235 KB]

The true nature and rules of Internet Governance (IG) may be sometimes 
uneasy to clarify for people in Europe. I don't dare imagine what a 
nightmare it could be for us, you and me, if IG was managed by Indians 
or Chinese people (just as examples), with devanagari or hanzi writings, 
Indians or Chinese laws, Indian or judicial systems, etc.


Best,

Microsoft Word - JD_3157966_2.DOCX @+, Dominique

-- 
Dominique Lacroix
Société européenne de l'Internet
http://www.ies-france.eu
+33 (0)6 63 24 39 14

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