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

[Suresh Ramasubramanian]

You are forgetting something.  ICANN is subject to California law and so it cannot act contrary to California law.

If suppose a law in say India makes it a crime to criticize someone online in an offensive manner (as the now struck down 66A did), or a current law in Thailand makes it a serious offence to criticise their king, or a Chinese law bans activities related to the Falun Gong religion, ICANN could not possibly act in conformity to international law and applicable conventions.

That is a simple set of examples of an old and long accepted principle in international law - do read up on lex situs, lex patriae, lex fori, lex loci actus, lex domicilii and other such criteria on just which location’s laws are applicable in case of a conflict or a difference in the laws of two different countries in any cross border legislation.

In other words, what you so blithely propose will keep multiple teams of lawyers in both countries gainfully employed for the foreseeable future.

—srs

> On 12-Jun-2015, at 4:49 pm, parminder <parminder at itforchange.net> wrote:
> 
> 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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