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Comments on New gTLD Applicant Guidebook Version 2.

  • To: 2gtld-terms@xxxxxxxxx
  • Subject: Comments on New gTLD Applicant Guidebook Version 2.
  • From: Lana Andreff <lanaandreff@xxxxxxxxx>
  • Date: Sun, 12 Apr 2009 22:28:58 -0700

My comments and suggestions on module 6 of the New gTLD Applicant
Guidebook Version 2
well expressed and posted by DotAfrica Exec Director comments

3. ICANN needs to investigate/clarify before opening application round, in
light of possible liabilities to applicants, that some countries where local
laws have been passed to prevent the deployment and use of of TLDs,
particularly IDN TLDs in scripts of local interest, without local government

5. Tthe indemnification Clause 5 iis too broad an amy permit criminal
conduct to go unchallenged.

6. There is nothing that states that if ICANN or the applicant engaged in
questionable behavior or legal recourse and investigation should remain
open.  This is within any standard contractual norms, and also in keeping
with ICANN's stated misson of openness, transparency, fairness and
especially accountability. In many legal jurisdictions forgoing the right to
sue or challenge another party (in this case ICANN on application issues) is
illegal in itself.  Further the inclusion of other judicial fora, beyond
standard courts implies that ICANN can not only do no wrong but can do
whatever it wants and in order to apply for a gTLD that it may or may not
get after significant expense, the applicant must give up pretty much all
its civil rights.

7. Unclear.
In case if submitted applicants material marked as confidential, will ICANN
keep it confidential?

10. While ICANN has the option all along to unilaterally deny the
application at any time, it appears that if ultimately ICANN offers some
Registry Agreement of its choice for the applicant to sign, the applicant
MUST sign and accept and has no right to walkaway for whatever reason. Not
sure if enforceable."

Best Regards,

Lana Andreff

IDN Internet consortium INC, Canada

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