Re: [Ianaplan] comments on draft-ietf-ianaplan-icg-response-01

[Eliot Lear <[e-mail]>]

Hi Richard,

On 10/24/14, 8:59 AM, Richard Hill wrote:
> In contrast to Andrew, I think that it is important to say something substantive about jurisdiction. So, if the above text is not acceptable to all, then I propose to replace it with the following.
>
> "The IAOC is asked to conclude a supplemental agreement regarding jurisdiction and any necessary dispute resolution mechanisms, taking into account that it may be preferable to specify a neutral jurisdiction such as arbitration in Switzerland."
>
> Please note that I would prefer that the following also be included, but I recognize that there might not be much support for this:
>
> "Further, the IAOC is asked to consider whether it would be appropriate for the IANA function to be legally domiciled in a neutral jurisdiction such as Switzerland, possibily with immunity of jurisdiction."
>
> Please note that my proposals above are consistent with the comments from the Just Net Coalition, which the ICG has transmitted to this group for its consideration, see 32 of the paper referenced at:
>
>   http://www.ietf.org/mail-archive/web/ianaplan/current/msg00423.html 

It's probably sufficient to state that the IAOC should address the
matter of jurisdiction, without getting into "where" in this document. 
The issue with the above text is that we could spend the rest of the
time going through last call to determine which jurisdictions be
considered, and none of us are lawyers (and on this particular issue, I
won't even play one on the 'net).  I would expect the IAOC to bring
appropriate resources to bear to properly address this issue.

Eliot