Re: Dispute resolution

[Karl Denninger <karl@Mcs.Net>]

> 
> John Leslie's asked: 
> ": >    The draft recognizes that gTLDs are inter-national by their nature,
> : > and that arbitration should be preferred to litigation. Why can't we
> : > be consistent here?
> To which Karl Denninger  replied:
> : This is an unconstitutional requirement (see the 5th amendment in the
> US).
> 
> Karl...The Fifth Amendment only restricts what the GOVERNMENT can do, and
> allows for protection from arbitrary and capricious actions by GOVERNMENT
> entities. Unless IAHC or Core is deemed a government entity, no
> constitutional protections attach. Your rights under the constitution do no
> apply to actions taken by private businesses.

Private businesses?  I thought the DNS namespace was a public good (ie:
managed by governments) and operated in the public trust?

At least, the IAHC is paying lip-service to that concept.

Then they go ahead and abrogate the rights of the people to actually USE
that public good.

This is the basic problem.

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