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

[Riaz K Tayob]

But the old argument on any change was, well you have to talk to IANA 
about that, or Verisign, or ccTLDs or RIRs etc etc, and you have to have 
money and skills etc (funny libertarian arguments in support of de facto 
'oligopolies' or 'monopolies').

Before it was divide and rule. Now it is fragment and dominate.

And predictably we will hear about the sanctity of contracts. But after 
robosigning (where banks got the loot kicking poor folk out of their 
homes on FRAUDULENT documents while the USG did little about it, and 
even when they did they acted to protect the banks) this argument will 
not hold water.

Apologies, we have been here before so I am just running ahead of script 
so that we can deal with new issues rather than tread the same ground 
with 'evolved single rooters'... time to up the game...

Riaz

On 2013/06/12 12:09 PM, parminder wrote:
>
> Of course, moving ICANN oversight away from unilateral control of the 
> US is to move the root authorisation power away, and thus to move the 
> IANA contract granting power, to an international system... It is not 
> so important to move ICANN physically out of the US, where it can stay 
> under a host country agreement, which applies to international 
> organisations....
>
> On Wednesday 12 June 2013 02:48 AM, Avri Doria wrote:
>> On 11 Jun 2013, at 15:47, Roland Perry wrote:
>>
>>> 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.
>> doesn't the contractual nature of all of their relationships sort of keep them in the US as well.  If they provide a regulatory function via contract, don't they need to be were the contracts are?
>>
>> or at least keep part of it where the contracts are: e,g, the new GDD
>>
>>
>> avri
>>
>> GDD - generic domains division
>

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