[icann-eu] A *larger* role for U.S. DoC?

[Alexander Svensson <svensson@icannchannel.de>]

Dear all,

I just saw the "Public Interest Groups' letter to Department 
of Commerce Regarding ICANN"
http://www.icannwatch.org/archives/quick/979766847.shtml

The signatories (members of ACLU, ACM, CPSR, EPIC, and Froomkin)
request that the NTIA, the department within the U.S. Department
of Commerce dealing with the Internet, holds "a public hearing 
before taking any further action on this matter".

The legal argument rests on the U.S. Administrative Procedure Act 
(APA) and that "any attempt by the U.S. Government or its agents 
to decide such an important matter of public policy without 
adherence to principles of notice and public participation 
embodied in the APA would be wrong as a matter of principle, and 
indeed illegal not to mention potentially unconstitutional".
That is, un-U.S.-constitutional.

I was a bit taken aback by this letter. Not about the critique
regarding ICANN's TLD decision, but about running to the U.S. DoC/NTIA
for protection. 

If you read the comments about the planned hearing in the U.S. House 
Commerce Committee in Germany, you will see some annoyance that it 
looks once more as if ICANN is a Federal Agency of the USA. 
While I don't oppose *parliamentary* scrutiny of ICANN (every 
parliament is entitled to do it, not only the U.S.), I don't 
see why the DoC should be involved in this even more than it is now. 

Maybe some of the signatories want to explain why they think that
this is a matter for the U.S. Administration?

Best regards,
/// Alexander

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