Re: [icann-europe] .kids or .kids.us?

[Wolfgang Kleinwächter <wolfgang.medienstadt@okay.net>]

Dear Volker,

a good question which leads directly to the legal status of ICANN. When I
saw the news on .kids my first reaction was that this could become an
interesting case to clarify whether ICANN is out of control of the US
government or not.

If ICANN would have to implement .kids according to US legislation, this
would define ICANN as a subsidary body of the US governance system and
consequently would provoke the rest of the world, in particular the European
Union and their 15 leaders who have to ask (via ICANN) the US Department of
Commerce for acceptance to put .eu into the legacy root as long as ICANN is
under the supervision of the DoC.

On the other hand, if ICANN rejects an US legislation the interesting
question would be, what the US Government, that means the DoC would
do.Theoretically this could lead slo to a conflict between US Congress and
the DoC. If you read the the MoU between ICANN and the DoC you will see that
the DoC can reject decisions of ICANN but can not impose decisions. The only
thing they can do is not to renew the MoU (which terminates on September,
30th, 2001).

Personally I do not expect, that the initiative will produce any legislation
so the case remains a theoretical one. What I expect is, that there will be
soon a call for a gTLD round 2 and we will see a new application for .kids
which has good chances to be adopted by the Board without open intervention
of a parliamentary or governmental body of a natioan state.


Hi

wolfgang

----- Original Message -----
From: "Volker Leib" <leib@mpi-fg-koeln.mpg.de>
To: <icann-europe@lists.fitug.de>
Sent: Wednesday, July 04, 2001 4:28 PM
Subject: [icann-europe] .kids or .kids.us?


> Hi all,
>
> what do European ICANN members think about the plan of two Congressmen to
> pass a bill that would force ICANN to introduce the gTLD .kids?
> In my opinion, a national parliament can only legislate a domain within
> their ccTLD, in this case .kids.us. (Just logically, I know that the rules
> for registrations in .us would have to be changed and that some
politicians
> in the US do not recognize the international perspective and view ICANN as
> an American organization.)
>
> What do you think?
>
> Volker
>
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