[arin-ppml] Fw: Accusationof fundamentalconflictofinterest/IPaddress policypitched directly to ICANN

Owen DeLong owen at delong.com
Thu May 5 17:52:13 EDT 2011


On May 5, 2011, at 12:38 PM, Eric Brunner-Williams wrote:

> On 5/5/11 2:04 PM, Owen DeLong wrote:
>> 
>> I'm not a lawyer, either, but I suspect that the courts may well
>> decide that authority comes from
>> the DoC contract. The question, however, is ...
> 
> i suggest that prior to the contractual interpretive question there is a question we've let lie for a decade. what is the nature of the new entity? is it exercising delegated rule making authority, and so subject to the administrative procedure act of 1946, and if not, what is the nature of that authority?

For ICANN, I have no idea.

For ARIN and the other RIRs, I believe they are standard non-profit business organizations
which are common in many different industries such as the Compressed Gas Association
which defines, among other things, standards for compressed gas cylinder valves and
fittings.

Owen




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