Re: [gtld-council] string criteria
- To: Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
- Subject: Re: [gtld-council] string criteria
- From: Ross Rader <ross@xxxxxxxxxx>
- Date: Fri, 2 Mar 2007 09:20:07 -0500
On 2-Mar-07, at 4:37 AM, Bruce Tonkin wrote:
I can understand that a court in
the USA would have such authority over ICANN with respect to adding a
string to the root.
(1) Are we creating a system that requires a party affected to use the
USA legal processes
I am also not a lawyer, but I believe the answer to this is yes - we
would be looking for a system that requires ICANN to submit to the
judgement of a court that has authority over ICANN - wherever that
may be. Not only would this include the United States, but any
country where ICANN has nexus. For example, Tucows is a Canadian
company, but we have nexus in many, many countries (notably the US)
and depending on circumstances, would need to submit to these foreign
courts in various circumstances - either that or risk arrest or other
action when our executives touch soil in those regions ;)
As ICANN becomes increasingly globalized, the number of courts that
have authority over ICANN will ostensibly increase.
BTW - this situation exists no matter what administrative choices we
make. I believe you are proposing that we create options so that
ICANN can avoid the courts, but this simply amounts to recreating a
subset of these legal systems (badly) inside our various contracts.
My preference would be to preserve this status quo instead of
creating a large pseudo-legal bureaucracy in an attempt to cover over
the fact that ICANN is a US corporation.
Director, Retail Services
"To solve the problems of today, we must focus on tomorrow."
- Erik Nupponen