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

[Avri Doria]

On 25 Aug 2012, at 07:56, parminder wrote:

> No, it will make European/ Indian decision applicable *only* to ICM registry and *not* to the ICANN. This is a straight forward and obvious fact despite your very clever attempt to twist it to suit you. 


On the contrary various rulings in various countries against Internet companies such as Google and Twitter (I think there are examples in other fields like mining), show that when a company has an office/staff in a country, not only is the company liable for negative rulings, sometimes the employees are arrested.  I would think that qualifies as having an effect.  But certainly, the US courts have the greatest leverage by far so far.

I agree full heartedly that ICANN MUST internationalize and have thought so since the days of WGIG.  And while it creeps toward more international accountability, it is true that it remains primarily under US legal control, and has agreed to maintain that. Additionally the IANA contract bid required a US company, which did not help things. Part of the problem with changing over to a more international arrangements, e.g. a host country agreement + with some country (perhaps even the US), is that it is hard to do and no one has come up with a good detailed plan* yet for dealing with of ICANN governance-by-contract in an internationalized environment.  Well that, and ICANN also does not seem to have the will for such a change.

For years, a few people inside ICANN have been pushing for real work on solving the problem of ICANN internationalization to little avail - maybe with a new regime in charge of ICANN over the next year, this will happen.  I'll keep pushing for it.

avri

* there have been hand-waving plans that could be explored
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