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Re: [ga] RIPE NCC response to the Lynn Roadmap
I am afraid I don't think this account of the history or the legal
position as regards the role of the USG Is quite right. Please see
http://personal.law.miami.edu/~froomkin/articles/icann-main.htm for
details.
On Sat, 2 Mar 2002, William S. Lovell wrote:
> line (2 lb
> test) of a supervisory capacity. So far as I can see, the DofC (through the
> IANA) has never exercised any control over NSI, nor subsequently over
> ICANN (the "new" "Newcorp"). Meanwhile, back at NSI, it was seeking to
> claim ownership of the .com, .org and .gov names as such -- a truly arrogant
> effort that was properly thwarted. So what's to own? (Even though NSI was
> sold to Verisign for $17 billion, gained from "property" belonging to the USG
> -- which is to say, you and me.)
>
> Upon what authority does ICANN act? What lawful control over the Internet,
> and both the technical and policy aspects of it, does the USG have? From what
> statute and Constitutional provision? Or more properly, since the Internet is
> global, from what part of International law? Since we all know that contracts
> must be supported by value, what "value" is received by any ccTLD or registrar
> by way of a contract with ICANN? To be sure, these entities are "granted,"
> by ICANN, the "right" to do this or that. But what if those entities had the
> "right" to do "this or that" anyway? What consideration would then have
> been received by them so as to support the contracts? To be sure, ICANN
> performs services, but what if these entities were to commence carrying out
> those functions themselves?
>
> In short, where are the clothes of the ICANN empire? And why is it here?
> (It indeed needs to be replaced by something, and preferably an entity formed
> through international agreement such as the WTO, WIPO, etc., or perhaps
> a public/private entity involving both governments and trade groups, etc, but
> please don't call it a "global ICANN" -- we've seen enough of that.)
>
> >
> > The only way is to have the ccTLD Managers participaing to their National
> > Internet Conference boards (NIC). These NIC will gather national@large
> > [for legtimacy, dynamism and innovation], consumer organizations, ISPs,
> > content providers, user association, GAC representative, etc..
> >
> > The NIC will form an ICANN constituency-orgnization-SO [as you may like]
> > and will work at being acknowldged as the ICANN/GA. The ICANN contract will
> > then be replaced by a voted global ICANN NIC Membership equal to all. This
> > Membeship will detail the committees/SOs etc.. the different groups of a
> > NIC will participate to.
>
> Again, please drop the ICANN nomenclature -- there's too much baggage being
> carried along with it.
>
> Bill Lovell
>
> > This is the normal international structure system/ National structures
> > gather into a joint international structure of equivalent format. Each with
> > its own budget. There is no objection to the RIPE and others to enter into
> > an MoU over that, since it is their own structure.
> >
> > Jefsey
> >
> > --
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Please visit http://www.icannwatch.org
A. Michael Froomkin | Professor of Law | froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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