Additional thoughts on TRANSITIONAL

Kim Davies kim.davies at icann.org
Fri Dec 4 17:04:30 CET 2009


On 4/12/09 7:31 AM, "Cary Karp" <ck at nic.museum> wrote:
> 
> The redelegation of a ccTLD can only be initiated at the request of the
> corresponding national government, and in any situation where that
> assertion might prove incorrect, the redelegation would require that
> government's approval. This is a matter of national sovereignty and it
> is nonsensical to expect ICANN even to contemplate overriding it at the
> urging of the IETF. And, again, if that is an incorrect statement,
> governments will have no difficulty in ensuring that their sovereignty
> prevails.

While I agree ICANN has an entirely different relationship with ccTLDs than
it has with gTLDs, I think you characterisation of the role of governments
is rather off the mark. Redelegations are usually not initiated by
governments, and redelegations do not require government's approval. Whether
a government has any legal involvement in their ccTLD varies from
country-to-country, some countries have passed laws to nationalise the ccTLD
but AFAIK most have not.

Sorry for the digression.

kim



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