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

[Chaitanya Dhareshwar]

Very true Avri, telecom has a very good example here in India

Take Vodafone as an example. The government here modified the tax law with
retrospective effect from 1960-something just to get them to pay a few
billion rupees extra in taxes. Though Vodafone wasnt an Indian entity they
bought an office (and linked services) in India - yet the rules in India -
modified RETROSPECTIVELY - still affect them. So if the government were to
pursue they could technically recover taxes from them.

What are the hand-waving options btw? They sound interesting :)

-C

On Mon, Sep 3, 2012 at 3:43 PM, Avri Doria <avri at ella.com> wrote:

>
> 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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