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

[Michael Froomkin - U.Miami School of Law]

On Sat, 13 Jun 2015, parminder wrote:

> jurisdiction. I however still believe that international law is both the best and
> the more plausible option - even if there is a considerable amount of
> evolutionary, and innovative, work to be done for this purpose. )
>

Here is a thing that I worry that non-lawyers don't appreciate as 
viscerally as those of us in the trade do: uncertainty is expensive, and 
is itself a great bar to effective rights protection. In a new system, we 
invite the bad actors to take advantage, and the victims will find it 
harder to vindicate their rights because so much will have to be argued 
from scratch. (Which is expensive and unsure.  Which will itself deter the 
bringing of those cases.)  And that doesn't even take account of the 
inevitable lacunae.  It's just so much better not to have to re-invent the 
wheel, the axle, the support strut, the engine, the carburetor, the 
suspension, the muffler, the drive train, the catalytic converter, and so 
on and so on.  And yet that is what it would take.

Perhaps your solution might, in 30 years, be better.  But in the short, 
medium, and near-long run, I just can't see it: a national system has 
drawn many bright lines, and that clarity itself deters a lot of bad 
things from even happening.

-- 
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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