Re: [ga] Internet Central Agency for Names and Numbers.

[Sandy Harris <sandy@storm.ca>]

"J-F C. (Jefsey) Morfin" wrote:
> 
> "The U.S. needs to ensure ICANN operates with the same sort of internal
> processes as in any other federal agency" Sen. Conrad Burns, a Montana
> Republican, Senate science, technology and space subcommittee.
> 
> Interesting to see the language is the same as Joe Sims' who talked about
> the transparency practices of "the other federal agencies". The consensus
> is forming.

Perhaps, but it appears to me this begs the question. Is ICANN a
"federal
agency" of the US gov't?

If it is, then it's operation must comply with US law, in particular the
Administrative Procedures Act and various constitutional limitations on
gov't agencies. See Froomkin's "Wrong Turn in Cyberspace" paper 
(link on his home page, http://personal.law.miami.edu/~froomkin/)
for detailed discussion.

If it is not, then the first questions to come up are why the Senator
thinks it is and what Sims (who should know ICANN's legal status if
anyone does) is talking about.
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