Re: [ga] RIPE NCC response to the Lynn Roadmap

["William S. Lovell" <wsl@cerebalaw.com>]

Michael:

And no such quick rundown as I had put up really could -- yours,
so far as I know, is the best authoritative account of that history, and
I've perused it quite a few times in the past.  It is good that you reminded
everyone of it again, though, since it bears significantly on where we
go from here.

(If I can get the time in the next day or two, I'll comment on the legal
situation, since I believe there are Constitutional issues not previously
appreciated.)

Bill Lovell

"Michael Froomkin - U.Miami School of Law" wrote:

> 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
> > >
> > > --
> > > This message was passed to you via the ga@dnso.org list.
> > > Send mail to majordomo@dnso.org to unsubscribe
> > > ("unsubscribe ga" in the body of the message).
> > > Archives at http://www.dnso.org/archives.html
> >
> > --
> > This message was passed to you via the ga-full@dnso.org list.
> > Send mail to majordomo@dnso.org to unsubscribe
> > ("unsubscribe ga-full" in the body of the message).
> > Archives at http://www.dnso.org/archives.html
> >
> >
>
> --
>                 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
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
>                         -->It's warm here.<--
>
> --
> This message was passed to you via the ga@dnso.org list.
> Send mail to majordomo@dnso.org to unsubscribe
> ("unsubscribe ga" in the body of the message).
> Archives at http://www.dnso.org/archives.html

--
This message was passed to you via the ga-full@dnso.org list.
Send mail to majordomo@dnso.org to unsubscribe
("unsubscribe ga-full" in the body of the message).
Archives at http://www.dnso.org/archives.html