State AGs Failed to Meet Burden on Need for IANA Transition Delay, Court Says
The U.S. District Court in Galveston, Texas, released Judge George Hanks' full order denying a bid by four Republican state attorneys general for a temporary restraining order to delay the Internet Assigned Numbers Authority transition. Hanks ruled against the TRO…
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request Friday and the transition executed just after midnight Saturday (see 1609300065 and 1610030042). Texas Attorney General Ken Paxton led the underlying lawsuit against NTIA over the handoff, joined by Arizona AG Mark Brnovich, Nevada AG Adam Laxalt and Oklahoma AG Scott Pruitt (see 1609290073). The attorneys general “have not produced evidence sufficient to carry their heavy burden” in proving the need for the TRO, Hanks said in his ruling (in Pacer), released Monday. “Instead, they provide only the statements and averments of counsel -- and hearsay from third parties -- to speculate about the future results of possible changes and events in a complex phenomenon, and the role and influence of NTIA over this phenomenon. This is not enough to carry their heavy burden here.” Even if Hanks' court “were to find that some past harm or bad acts by [ICANN] impacted the interests of the States in their respective websites and alleged rights at interest, the Court notes that these past harms happened under the exact regulatory and oversight scheme that the States now seek to preserve,” Hanks said: “This, along with the lack of evidence regarding any predictable or substantially likely events, greatly undermines” the case for a TRO. The AGs' offices said they're considering next steps.