[ncdnhc-discuss] ICANN controlled by governments

[Dany Vandromme]

James Love wrote:
> 
> If ICANN is controlled by the US government, everyone benefits from the US
> 1st amendment, which is a strong protection for free speech.  If ICANN is
> controlled by governments in general, things will change.  Here is a recent
> French court decision regarding Yahoo.  jamie
-
Hi Jamie,
This is an interesting remark, but the notion of free speech may deserve
to be refined a bit further.
In the present context, I am wondering whether the case is related to
free speech only or to respecting a national law, voted by legitimaly
elected representatives* (and applicable for that country). I guess that
it should not hurt the French parliament to know that US is somehow
"protecting" the possibility of advertising or selling anything
(including items mentionned below), but for this to be performed in
France, it becomes non-compliant with the French law, as it was voted by
the parliament.

1) May be the issue is to admit that the 1st amendment of the US
constitution is a kind of worldwide law. I doubt that this respects the
right of other countries to edict their own laws for themselves.

2) In your first line, you use the word "benefit". I am not sure that
benefit is an adequate wording.

3) Having ICANN controlled by US law is a matter of legal context for
this Company, and would not permit its actions to transgress other
country laws, It may, at the contrary, sum up with conflicts, which
could be avoided with a worldwide cooperation. Imposing your 1st
amendment worldwide will not solve this, it will eventually generate
conflicts, which could be avoided with cooperation between countries.
That is one of the scope of ICANN: go away from a single country control.

Comment?
Dany

* In the present context, I would add: with a trusted election process.....

> 
> ---------------
> By Reuters
> February 26, 2002, 1:30 PM PT
> 
> PARIS--A French criminal court said Tuesday it would try Internet giant
> Yahoo and its former chief executive for allegedly condoning war crimes by
> allowing the sale of Nazi memorabilia on Yahoo sites.
> Former Yahoo CEO Timothy Koogle faces a maximum sentence of five years and a
> $39,800 fine if found guilty--a verdict that could have broad implications
> for international free-speech rights in the Internet age.
> 
> France ordered the California-based company in November 2000 to stop people
> in France from accessing the sites, but a U.S. federal judge ruled last
> November that Yahoo was not bound to comply with French laws governing
> Internet content on U.S.-based sites.
> 
> The court ruled Tuesday that French law still applied to English-language
> sites and said it would hear allegations Yahoo was inciting racial hatred by
> allowing French surfers to buy Nazi books, daggers, concentration-camp
> uniforms and SS badges on its Yahoo.com service.
> 
> Three French Jewish and anti-Semitism groups pressed for the criminal
> charges in October. The court ruled Tuesday that interested parties would
> meet May 7 to set a trial date.
> 
> It is illegal under French law to exhibit or sell objects with racist
> overtones, and Yahoo's French portal carries no Nazi auctions. But French
> surfers, like all others, can switch to Yahoo.com services with a click of
> the mouse.
> 
> --------------------
> James Love, mailto:love at cptech.org, http://www.cptech.org
> voice +1.202.387.8030, mobile +1.202.361.3040, fax +1.202.234.5176
> 
> _______________________________________________
> Discuss mailing list
> Discuss at icann-ncc.org
> http://www.icann-ncc.org/mailman/listinfo/discuss

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