[governance] IANA transition - BR Gov comments on the CCWG-Accountability Draft Proposal

parminder parminder at itforchange.net
Fri Jun 12 07:19:02 EDT 2015

On Friday 12 June 2015 01:19 PM, "Kleinwächter, Wolfgang" wrote:
> Parminder:
> What putting ICANN under international law would do is that it will safeguard the non US population of the world ( about 95 percent of it) from abuse of their human rights by US courts and its executive and legislative branches - whether on IP related matters (of which so many cases are known), or denial of essential digital services, as Happening currently in Crimea, and so on...
> Wolfgang:
> FYI: Please read Para. 4 of ICANN´s Articles of Incorporation from 1998: "4. The Corporation shall operate for the benefit of the Internet community as a whole, carrying out its activities in conformity with relevant principles of international law and applicable international conventions and local law and, to the extent appropriate and consistent with these Articles and its Bylaws, through open and transparent processes that enable competition and open entry in Internet-related markets. To this effect, the Corporation shall cooperate as appropriate with relevant international organizations."
Dear Wolfgang,

You know very well that like any other non profit ICANN can declare the
loftiest purposes for itself, which means nothing at all with regard to
application of US law and policies over it...

Further, your above quote says that ICANN will carry out its activities
"in conformity with principles of international law and applicable
conventions...... to the extent appropriate and consistent with these
articles and its Bylaws.."  Now, it is not that international law has to
be in conformity with ICANN's bylaws, but the reverse. I think all this
is rather simple and well known political and public administration
stuff for us to labour over it.


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