[governance] IANA transition - BR Gov comments on the CCWG-Accountability Draft Proposal
Michael Froomkin - U.Miami School of Law
froomkin at law.miami.edu
Tue Jun 9 08:56:16 EDT 2015
I think that bodies which do not need to fear supervision by legitimate
courts end up like FIFA. FIFA had a legal status in Switzerland that
basically insulated it the way that the Brazilian document seems to
suggest would be what they want for ICANN. (It's also the legal status
ICANN has at times suggested it would like.)
The lesson of history seems unusually clear here.
On Tue, 9 Jun 2015, Mawaki Chango wrote:
>
> It's good to see a law scholar involved in this discussion. I'll leave it to the Brazilian party to
> ultimate tell whether your reading is correct or not. In the meantime I'd volunteer the following
> comments.
>
> On Jun 8, 2015 10:46 PM, "Michael Froomkin - U.Miami School of Law" <froomkin at law.miami.edu> wrote:
> >
> > Perhaps I'm misreading something, but I read this document to make the following assertions:
> >
> > 1. All restrictions on ICANN's location must be removed.
> >
>
> And the question reopened for deliberation by all stakeholders, including governments among others.
> Only the outcome of such deliberation will be fully legitimate within the framework of the post-2015
> ICANN.
>
> > 2. ICANN does not have to leave the US but must be located in a place where the governing law has
> certain characteristics, including not having the possibiliity that courts overrule ICANN (or at
> least the IRP).
> >
> > (And, as it happens, the US is not such a place....)
> >
>
> Not only avoiding courts overruling relevant outcomes of the Internet global community processes,
> but also examining and resolving the possible interferences/conflicts that might arise for
> government representatives being subject to a foreign country law simply in the process of attending
> to their regular duties (if they were to be fully engaged with ICANN).
>
> Quote:
> "From the Brazilian perspective the existing structure clearly imposes limits to the participation
?? ?of governmental representatives, as it is unlikely that a representative of a foreign government wi
> ll be authorized (by its own government) to formally accept a position in a body pertaining to a U.
> S. corporation."
>
> This may be what you're getting at with your point 3 below, but I'm not sure whether the problem is
> only the fact that governments have to deal with a corporate form/law or whether it is altogether
> the fact that it is a single country law without any form of deliberate endorsement by the other
> governments (who also have law making power in their respective country just as the US government).
>
> Assuming your reading is correct, and if necessary complemented by my remarks above, I'd be
> interested in hearing from you about any issues you may see with the BR gov comments.
> Thanks,
>
> Mawaki
>
> >
> > 3. ICANN doesn't have to change its form, but it needs a form where governments are comfortable.
> >
> > (And, as it happens, the corporate form is not such a form....)
> >
> >
> > What am I missing?
> >
> >
> >
> > On Sat, 6 Jun 2015, Carlos A. Afonso wrote:
> >
> >> For the ones who are following the IANA transition process: attached
> >> please find the comments posted by the government of Brazil on June 03,
> >> 2015, in response to the call for public comments on the
> >> CCWG-Accountability Initial Draft Proposal.
> >>
> >> I generally agree with the comments.
> >>
> >> fraternal regards
> >>
> >> --c.a.
> >>
> >
> > --
> > A. Michael Froomkin, http://law.tm
> > Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
> > Editor, Jotwell: The Journal of Things We Like (Lots), jotwell.com
> > Program Chair, We Robot 2016 | +1 (305) 284-4285 | froomkin at law.tm
> > U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> > -->It's warm here.<--
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--
A. Michael Froomkin, http://law.tm
Laurie Silvers & Mitchell Rubenstein Distinguished Professor of Law
Editor, Jotwell: The Journal of Things We Like (Lots), jotwell.com
Program Chair, We Robot 2016 | +1 (305) 284-4285 | froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
-->It's warm here.<--
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