[governance] Re: "[...] to seize Iran's Internet licenses & domain name assets"

Sun Jun 29 02:12:38 EDT 2014

>From another list discussing the “relevance” of the action against ICANN re: Iran…

M

-----Original Message-----
From: Barry Shein [mailto:bzs at world.std.com] 
Sent: Saturday, June 28, 2014 7:53 PM
To: manning bill
Cc: michael gurstein; 1Net List; governance at lists.igcaucus.org
Subject: Re: [discuss] Some more legal tangles for ICANN

All this armchair analysis is fascinating but let me interject that this same group (the litigants) are doing fairly well in the seizure of a ~$500M building in Manhattan (650 Fifth Ave) as an asset of the Iranian government based on the same damages claims.

On 31 March a judge confirmed that the seizure must proceed after a few years of legal wranglings though appeals will proceed.

A little googling will reveal similar pontifications questioning the actual ownership of the building, the jurisdiction, etc. which may look familiar to those following this thread.

The building was in the name of charitable organizations, Assa Corp and Alavi Foundation, but the court found this to be irrelevant -- some said a fraudulent front -- or only partially protective (i.e., they might also get some of the proceeds of a forced sale.)

   <http://nypost.com/2014/03/31/midtown-skyscraper-must-be-forfeited-over-iran-ties/> http://nypost.com/2014/03/31/midtown-skyscraper-must-be-forfeited-over-iran-ties/

or

   <http://tinyurl.com/nknmyru> http://tinyurl.com/nknmyru

If nothing else the point is that the litigants appear to be tenacious, this has been going on for about a decade, and apparently well funded.

I'm surprised at the flippancy with which some cast it all off as utter nonsense.

It may well fail ultimately but I don't think this is being pursued by people prone to utter nonsense or frivolous pursuit.

Underestimating those whom you disagree with can be a disasterous flaw.

P.S. This is also interesting and relevant. The same group has been pursuing 20,000 Persian artifacts housed at the Univ of Chicago. They had a set back on 2014-03-28 but are appealing.

   <http://www.huffingtonpost.com/huff-wires/20140328/us--iran-us-museums/?utm_hp_ref=arts&ir=arts> http://www.huffingtonpost.com/huff-wires/20140328/us--iran-us-museums/?utm_hp_ref=arts&ir=arts

or

 <http://tinyurl.com/optj485> http://tinyurl.com/optj485

-- 

        -Barry Shein

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From: governance-request at lists.igcaucus.org [mailto:governance-request at lists.igcaucus.org] On Behalf Of McTim
Sent: Sunday, June 29, 2014 3:31 AM
To: governance at lists.igcaucus.org; Jean-Christophe NOTHIAS I The Global Journal
Cc: Norbert Bollow
Subject: Re: [governance] Re: "[...] to seize Iran's Internet licenses & domain name assets"

Thanks, it is much clearer now.

Iran owes no money to ICANN (as far as I know).  Some ccTLDs remit monies to ICANN, but AFAIK, Iran does not, so that's a dead end.

.ir is not the "property of the Islamic Republic of Iran" either, so that's a no-op as well.  It is delegated to an academic institution.  In short, ICANN can easily answer this writ without any threat to the stability of the root.

Cheers,

McTim
"A name indicates what we seek. An address indicates where it is. A route indicates how we get there."  Jon Postel 

On Sat, Jun 28, 2014 at 2:06 PM, Jean-Christophe NOTHIAS I The Global Journal <jc.nothias at theglobaljournal.net> wrote:

Norbert,

Following your request: :-)

Here are the 6 "Writ of Attachment <https://docs.google.com/file/d/0B_dOI5puxRA9M3hweE9Eel9mVTQ/edit?pli=1> " (5  vs IRAN; 1 vs Syria) as of June 24, 2014, notified to ICANN/IANA by the US District Court for the District of Columbia.

So no "if" and no "apparently". 

JC

Le 28 juin 2014 à 15:41, Norbert Bollow a écrit :

Am Fri, 27 Jun 2014 16:18:07 +0200
schrieb Stephane Bortzmeyer <bortzmeyer at internatif.org>:

There have been, apparently, a judgment (transferring the .ir, no

less...), in the USA:

http://www.timesofisrael.com/israeli-us-terror-victims-now-own-irans-internet/

Is the judgment itself available online?

I find the article not overly illuminating, it IMO seems to be based to
a too large extent on speculations of people who evidently don't know
what they're talking about in relation to the Internet. Not that the
judgment itself is necessarily better in that regard, but court
judgments are a serious matter regardless of the correctness of the
underlying assumptions.

Greetings,
Norbert

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