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

[David Conrad]

On Jun 12, 2013, at 10:20 AM, McTim <dogwallah at gmail.com> wrote:
>> ICANN, if i'm not mistaken (and i'm not a lawyer) gets most of its authority
>> from contracts it has with all the different stakeholders.

With the added twist that the contracted parties have a say in what's in the contracts through bottom-up consensus negotiations.

>> One has to
>> distinguish what ICANN does to the different contracted parties - such as
>> the root zone operators.
> 
> just as a point of information, to my knowledge, only one of the 12 ("F" IIRC)
> has signed an MoU with ICANN (as a root-op).

The agreement with F (and I believe a couple of other root server operators) is more of a mutual recognition thing, not anything like a contract and there are definitely no contractual obligations with penalties.

Regards,
-drc


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