[ncdnhc-discuss] No new LA agenda

Vany Martinez vany_martinez at yahoo.com
Wed Oct 3 20:18:26 CEST 2001


Hi Michael:

"Take care" is not equal as "Control", in first
instance.

Regardless if ICANN have or not the power to replace
the IANA and redelegate the function of IANA to other
organization...ICANN has a duty to take care and/or
provide input to IANA about Security issues.

Anyway...ICANN has all the power and right to
redelegate such resources as ccTLDs if ccTLDs, for
example, doesn't want to cooperate with any security
policy that ICANN develops as a requirement,
regardless if the ccTLD is managed by the government
or by a private organization.

Resources as connectivity to Internet are ouside the
scope of ICANN, and has to be addressed by ITU. 
However ICANN, as an inniciative can send a letter of
recommendadtion to ITU by means of its delegate in
USA, for example, with concerns about security in
connectivity infraestructure, service, etc (regardless
if ITU will listen to this recommendations or not).

The above are only examples...to show that even if
ICANN doesn't controls, own, etc, such resources, they
have a duty to provide an input (regardless if such
input was requested to the pertinent bodies or not).

Best Regards
Vany



--- "Michael Froomkin - U.Miami School of Law"
<froomkin at law.miami.edu> wrote:
> Can you explain what this means please?  I have
> trouble understanding an
> ICANN obligation to control the use of resources it
> doesn't own or control
> -- in which are in fact owned and controlled in many
> cases by governments
> or their contractors.  What do you have in mind?
> 
> On Wed, 3 Oct 2001, Vany Martinez wrote:
> > > the world. Including root-servers - which are
> not
> > > even operated by 
> > > ICANN. 
> > Not operated by ICANN doesn't eliminates its duty
> to
> > take care about it.  ICANN has an obligation to
> take
> > care of this issues also.
> -- 
> 		Please visit http://www.icannwatch.org
> A. Michael Froomkin   |    Professor of Law    |  
> froomkin at law.tm
> U. Miami School of Law, P.O. Box 248087, Coral
> Gables, FL 33124 USA
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  | 
> http://www.law.tm
>                  -->It's very hot and humid here.<--
> 
> _______________________________________________
> Discuss mailing list
> Discuss at icann-ncc.org
> http://www.icann-ncc.org/mailman/listinfo/discuss


=====
Nilda Vany Martinez Grajales
Information Technology Specialist
Sustainable Development Networking Programme/Panama
http://www.sdnp.org.pa e-mail: vany at sdnp.org.pa

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