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

[Chaitanya Dhareshwar]

If it were managed by the Indian government you would probably only be able
to register domains Jan - April and then you'd have to file the list of
domains in writing with the revenue office.

Indeed ICANN *IS* doing a splendid job in terms of a clean simple
non-bureaucratic process for the public.

-C

On Sat, Sep 1, 2012 at 4:43 PM, Dominique Lacroix <dl at panamo.eu> wrote:

>  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.*”
>
>
>    1.
>
>    "*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.*”
>
>
>
> <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,
>
>  @+, Dominique
>
> --
> Dominique Lacroix
> Société européenne de l'Internethttp://www.ies-france.eu
> +33 (0)6 63 24 39 14
>
>
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