http://www.law.miami.edu/~froomkin/articles/icann1.pdf

For those interested in the legal ramifications of ICANN and
its connection to the DoC, this is not bad reading. The main point being
that at least in cases where ICANN does what DoC tells it to do, and arguably in
all cases, DoC�s use of a private corporation to implement policy decisions
represents an end run around the APA and the Constitution.

On the other hand, if ICANN is making  policy decisions independently
of DoC (as ICANN partisans tend to argue) then even a partial transfer
of DoC�s policymaking authority over the DNS violates an even more
fundamental public policy against the arbitrary exercise of public power,
the constitutional doctrine prohibiting the delegation of public power to
private groups.

Either way, it's kind of a mess probably worth thinking through
very, very carefully as it will undoubtedly echo for decades...

For everyone else, it might make your inner bulb go a bit dim :-p

Scott Schiller
VP
GIA Web Services, Inc.


Get your @ together!
---http://domainalchemy.com---

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