I have seen an assertion the beckwith burr at the CATO insititute in answer
to a question threatened to turn ICANN into a government contractor to
render it immune from suit.

I consider this to be an irrelevant threat for the following reasons.

Let's say she were foolish enough to try it an d ICANN is declared to be an
instrumentality of the US gov 't.

1. overnight all pretense that ICANN is international vanishes

2. if NTIA has no legally defensible authority to to act in this arena, it
certainly has no authority to turn Icann into an instrument of the US
government via a grant of immunity from suit.

3.  if it did do this, then an instrumentality of the US gov't is subject
to gov't constraints, subject to FOIA and subject to the administrative
procedures act and other mandates for openness and accountability -
requirements that ICANN could not afford to have imposed on it.
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