[governance] Does it matter which legal system ICANN operates under?

Roland Perry roland at internetpolicyagency.com
Tue Jun 11 15:47:36 EDT 2013


In message 
<A0615421071EDD4A9F851117D67D538A825642DF at EXCH01.KDBSystems.local>, at 
16:12:52 on Tue, 11 Jun 2013, Kerry Brown <kerry at kdbsystems.com> writes
> If ICANN moved to a different jurisdiction tomorrow what would change 
>re the American government?s access to private data?

I don't think it would change anything. ICANN is nothing to do with the 
access to end user data. Not even the WHOIS held by domain and IP 
address registries in their respective countries. (Some of which 
registries are in the USA, but that wouldn't change if ICANN itself 
moved).

The main thing keeping ICANN in the USA, apart from the possibility of 
it being a friendly tax and employee recruitment[1] environment, is the 
need for them to be based in the USA in order to hold the IANA contract.

[1] They are diversifying to other places, but some might not want to
     relocate to Instanbul amid the current unrest.
-- 
Roland Perry

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