[apnic-talk] Reality check
Barry Raveendran Greene wrote:
> Hello Everyone,
>
> Reality check - IANA is not currently a legal entity. If it was, they would
> be sewed. This is the #1 problem with the actually create of IANA. How to
> transition from a US government contract to a group that has broad consensus
> and will not get bogged down or blasted out if existence as it's born from
> law suits.
>
> Barry
Barry,
I am not sure of your point. If you are worried that the new entity will be
challenged and invalidated in court, then there is only one answer. Since we
are going to create something, we must do it right. If we create a sound legal
entity, it will survive challenge just as all the other entities have done.
The other "alternative," doing nothing, is not an option being considered by
anyone.
If, you are making a different argument--that we should create an entity whose
actions are immune from judicial review, then you do not want to do it right and
it will be challenged and invalidated in the courts, at least in the United
States.
Here is the the rest of the reality check. Apply it to your situation. I have
applied it to mine.
If you are "wronged," you wish for a "right." If you are the wrong doer, you
wish for immunity. If you are the governed, you wish for legal redress of of
abuse of power. If you are the government, you wish for absolute discretion.
Everyone wants to be the dictator. But, if there is one, the majority will be
slaves.
Which is your reality? Are you going to be the governed or the government? Do
you want rights or prerogatives? Do you want dictates or decisions based upon
clearly stated and fairly applied criteria?
I want law, legal responsibility, redress and access to courts.
Barry, please explain what you are recommending to this community.
Eric Weisberg, Gen. Counsel
Internet Texoma
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