On 1 jul 2010, at 15.20, Patrick W. Gilmore wrote:

> n Jul 1, 2010, at 9:03 AM, Franck Martin wrote:
> 
>> The question is because gTLDs operations are in the USA, does it mean that 
>> the USA have control over all those domain names?
>> 
>> Can we trust solely the USA for such control?
>> 
>> This will come back with a vengeance in the JPA negotiations, ICANN, etc...

JPA discussions are concluded and replaced with the AoC. The discussion on the 
renewal of the IANA contract I suspect will be a recurring theme in IGF in 
Villnius. 

> Yeah, because if the domains were housed in another country than the USofA, 
> that country's court system & law enforcement surely wouldn't feel any sort 
> of authority over the machines on their sovereign soil.  It's just the evil 
> USA that would dare to think in such a fashion.  Oh, wait....

If you look at the . level i.e ICANN my understanding is that if it was a 
treaty or UN organization that does not apply. However as we are talking gTLD 
level you are indeed right. 

> Is it possible the law enforcement officers went through the standard due 
> process for the country in which they operate, Just Like Any Other Law 
> Enforcement Agency Would?  Nahh, no way we could consider that.  It wouldn't 
> allow us to bang on the US and make hollow threats about future negotiations.
> 
> 
> It's fun to bang on the US, but let's try to keep even a hint of reality & 
> perspective in our rants.  Please?



Best regards,

- kurtis -




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