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

[Pranesh Prakash]

parminder [2012-08-26 17:11]:
> On Saturday 25 August 2012 09:40 PM, Lee W McKnight wrote:
>> Where we go from here is the question.
>>
>> 1 scenario is status quo, 2nd is ICANN as a free-floating international org.
>
>
>>
>> Several of us have been asking you to try again to come up with a viable
>> 'Third Way' model.
>>
>> You're saying we academic weenies should go next or what are we good for.
>
> No, Lee, this is not true. Many aspects of such a viable alternatives have
> been discussed here in good detail - like, a OECD's CCICP like body to look
> at global Internet policy matters but not CIR oversight, a kind of
> international CIR Oversight Board with very clearly delimited remit,
> judicial review with the International Court of Justice, a better
> geographic distribution of root servers etc.....

1. Which of these alternatives would help address jurisdictional issues 
over ICANN which was the issue at the beginning of this thread, and how 
exactly would that work?  Even if the ICJ had jurisdiction (!), which law 
would it apply, i.e., what would the lex causae be?  In short: which 
(inter)national law would ICANN be subject to in case of a competition law 
/ antitrust case?

2. Are you talking about geographic distribution of root servers or 
geographic distribution of headquarters of root server operators?  The 
first seems a pointless ask.  The second is perhaps a more genuine concern, 
but runs into the same questions as in 1, and the same questions that you 
yourself raised.

-- 
Pranesh Prakash
Policy Director
Centre for Internet and Society
T: +91 80 40926283 | W: http://cis-india.org
PGP ID: 0x1D5C5F07 | Twitter: @pranesh_prakash

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