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[I-coordination] The self correcting nature of the American system? Judge rules against NSA tapping program. Snowden vindicated?

Shatan, Gregory S. GShatan at ReedSmith.com
Tue Dec 17 23:22:59 CET 2013


There’s no actual “point” here.  Just basic facts that are known to all.  ICANN is located in California, and incorporated as a California not-for-profit corporation (there is really no concept of “licensing” with regard to US corporations; incorporation is a mechanical process).  Domicile and state of incorporation do not in any way support or lead to a conclusion that the U.S. government (or the State of California) “controls” ICANN.  This is really another one of these ICANN “myths.”

Now, the IANA contract and the Affirmation of Commitments may provide points of influence for the US, but those have nothing to do with domicile or state of incorporation.  And those are both contractual matters, where “influence” is based on enforcing contractual terms, not on exercise of political power.  Once upon a time, the US may have had oversized influence, but I think that it is no longer what it once was, to say the least.  If the US did have such oversized influence, there are a lot of things that would be happening differently right now and over the last few years….

Greg Shatan

Gregory S. Shatan
Partner
Reed Smith LLP
599 Lexington Avenue
New York, NY 10022
212.549.0275 (Phone)
917.816.6428 (Mobile)
212.521.5450 (Fax)
gshatan at reedsmith.com
www.reedsmith.com



From: i-coordination-bounces at nro.net [mailto:i-coordination-bounces at nro.net] On Behalf Of Ali Hussein
Sent: Tuesday, December 17, 2013 9:25 AM
To: Nigel Hickson
Cc: i-coordination at nro.net; korg at knujon.org
Subject: Re: [I-coordination] The self correcting nature of the American system? Judge rules against NSA tapping program. Snowden vindicated?

Nigel

My point exactly.
Ali Hussein

+254 0770 906375 / 0713 601113


"I fear the day technology will surpass human interaction. The world will have a generation of idiots".  ~ Albert Einstein


Sent from my iPad

On Dec 17, 2013, at 5:20 PM, Nigel Hickson <nigel.hickson at icann.org<mailto:nigel.hickson at icann.org>> wrote:
Greetings

ICANN is subject to jurisdiction of US Californian year. It is a non-profit vehicle.

Nigel

From: Ali Hussein <ali at hussein.me.ke<mailto:ali at hussein.me.ke>>
Date: Tuesday, December 17, 2013 1:58 PM
To: McTim <mctimconsulting at gmail.com<mailto:mctimconsulting at gmail.com>>
Cc: "i-coordination at nro.net<mailto:i-coordination at nro.net>" <i-coordination at nro.net<mailto:i-coordination at nro.net>>, "korg at knujon.org<mailto:korg at knujon.org>" <korg at knujon.org<mailto:korg at knujon.org>>
Subject: Re: [I-coordination] The self correcting nature of the American system? Judge rules against NSA tapping program. Snowden vindicated?

Guys

In which jurisdiction is ICANN domiciled?

Who purports to license ICANN?
Ali Hussein

+254 0770 906375 / 0713 601113


"I fear the day technology will surpass human interaction. The world will have a generation of idiots".  ~ Albert Einstein


Sent from my iPad

On Dec 17, 2013, at 4:49 PM, McTim <mctimconsulting at gmail.com<mailto:mctimconsulting at gmail.com>> wrote:
Ali,

It's actually now the GAC IMHO that has the most influence in ICANN.

Ask the folks whose new gTLD applications the GAC have objected to if
it is the GAC or NTIA who has more influence.

Regards,

McTim

On Tue, Dec 17, 2013 at 8:35 AM, Bob Bruen <korg at coldrain.net<mailto:korg at coldrain.net>> wrote:


Hi Ali,

The Registrars have the most control of ICANN. It's not so much governments,
as it is business.

         --bob



On Tue, 17 Dec 2013, Ali Hussein wrote:

Andrew

ICANN plays a major role in this. Who really controls ICANN?

Ali Hussein

+254 0770 906375 / 0713 601113

"I fear the day technology will surpass human interaction. The world will
have a generation of idiots".
~ Albert Einstein

Sent from my iPad

On Dec 17, 2013, at 3:31 PM, Andrew Sullivan <ajs at anvilwalrusden.com<mailto:ajs at anvilwalrusden.com>>
wrote:

     Hi,

     On Tue, Dec 17, 2013 at 07:35:18AM +0300, Ali Hussein wrote:

           By system being broken I mean the Governance Structures. It is
a no

           brainer that the current Internet Governance structures where
one

           nation has an oversized influence is no longer tenable.


     What is this oversized influence and what is the governance that you
     think is needed?  I don't actually agree that what you say is a "no
     brainer".

     Regards,

     Andrew

     --
     Andrew Sullivan
     ajs at anvilwalrusden.com<mailto:ajs at anvilwalrusden.com>

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--
Dr. Robert Bruen
KnujOn Org
http://www.knujon.org
+1.802.579.6288

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