Re: [wg-c] Pre-sold TLDs

[Karl Auerbach <karl@CaveBear.com>]

> > If ICANN claims immunity from monopoly concerns as a result of its
> > government umbrella, I would wonder where the government agency involved
> > has the statutory power to grant such a monopoly right to make what, as I
> > mentioned above, is a purely policy decision that is devoid of any
> > technical content.
> 
> The decision in Name.Space v. NSI depends on the acceptance/recognition
> by the court of the "statutory power" of the DoC to grant NSI immunity
> for their "conduct in this case". How would the situation differ under
> ICANN, since the issue of access to the root is essentially the same as
> it was in our antitrust claim against NSI?

Your case was based on the power of NSF, as exercised by its successor
agency to the contract, NTIA with regard to a contract/cooperative
agreement with NSI.

Here we have a situation in which NTIA, without any participation of NSF,
entered into a contract/cooperative agreement with ICANN.

So as you see, the legal context is entirely distinct and different.
 
		--karl--