nanog mailing list archives
Re: MEDIA: ICANN rejects .xxx domain
From: Eric Brunner-Williams <brunner () nic-naa net>
Date: Fri, 12 May 2006 09:20:53 -0400
earlier i wrote:
the how-to-label problem has been around since the w3c's pics effort. the jurisdictional issue is aterritorial, as the cctlds cover that, and the authority, nominally, is a 501(c)(3) in marina del rey, and, purely contractual, as is the registry restricted to cooperative entities and the registry restricted to aviation entities.
this drew a response from martin hannigan: : Negative. 92% of the root is under US jurisdiction with most ccTLD's : riding on that infrastructure. I'm in the process of analyzing that : now. I'll let you know what the number comes out to, but I bet it's : close. having been a party to the drafting of the icann new gtld contracts, an interested party in the case of the neu* .biz contract, and an invited, if ad hoc, expert in the case of the aero/coop/museum contracts, mostly at louis touton's initiative, i'm of the (ianal) opinion that other than the easily answered california incorporated 501(c)(3) jurisdictional question implicit in the contracts between icann and the new gtld sponsors, that no jurisdictional restrictions were specified in the ngtld contracts. some actual lawyer may comment on the distinction between statutory authority over the conduct of parties to a private contract, and the civil law jurisdiction the parties agree to to resolve contractual disputes. there are parties that hold a territorial jurisdiction trumps all point of view. the us doc placed territorial jurisdiction (physical location) requirements in the .us rfp, which i also wrote the winning response to, so all .us nameservers are within the continental united states. personally i view this requirement as brain-dead. similarly, icann last summer adopted a contested redelegation process for cctlds which values territorial jurisdiction claims. personally i view this process change as brain-dead. obviously, milage varries. now the issue of controlling authority has come up previously, and the claim that there is only one jurisdiction, the us, has also been made previously. see the w3c's p3p standard, and the data collection (aka "privacy) policy regimes we (i'm wearing that co-author hat now) provided mechanism for. again, ymmv. eric
Current thread:
- Re: MEDIA: ICANN rejects .xxx domain, (continued)
- Re: MEDIA: ICANN rejects .xxx domain Simon Waters (May 15)
- Re: MEDIA: ICANN rejects .xxx domain Michael . Dillon (May 15)
- Re: MEDIA: ICANN rejects .xxx domain Peter Dambier (May 15)
- Re: MEDIA: ICANN rejects .xxx domain Niels Bakker (May 15)
- Re: MEDIA: ICANN rejects .xxx domain Peter Dambier (May 12)
- Re: MEDIA: ICANN rejects .xxx domain Steve Sobol (May 12)
- Re: MEDIA: ICANN rejects .xxx domain Martin Hannigan (May 11)
- Re: MEDIA: ICANN rejects .xxx domain Martin Hannigan (May 11)
- Re: MEDIA: ICANN rejects .xxx domain Joe Abley (May 12)
- Re: MEDIA: ICANN rejects .xxx domain Eric Brunner-Williams (May 12)
- Re: MEDIA: ICANN rejects .xxx domain Greg Taylor (May 12)
- Re: MEDIA: ICANN rejects .xxx domain John Palmer (NANOG Acct) (May 12)
- Re: MEDIA: ICANN rejects .xxx domain Warren Kumari (May 12)
- Re: MEDIA: ICANN rejects .xxx domain John Palmer (NANOG Acct) (May 12)
- Re: MEDIA: ICANN rejects .xxx domain Matt Ghali (May 13)
- Re: MEDIA: ICANN rejects .xxx domain Derek J. Balling (May 11)
- Re: MEDIA: ICANN rejects .xxx domain Todd Vierling (May 11)
- Re: MEDIA: ICANN rejects .xxx domain Peter Dambier (May 12)