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[bc-gnso] defining "Consumer Trust" in new gTLD reviews

  • To: "'bc-GNSO@xxxxxxxxx GNSO list'" <bc-gnso@xxxxxxxxx>
  • Subject: [bc-gnso] defining "Consumer Trust" in new gTLD reviews
  • From: Steve DelBianco <sdelbianco@xxxxxxxxxxxxx>
  • Date: Tue, 6 Sep 2011 18:08:23 +0000

BC members — on last week's member call I discussed our role in a working group 
to define Consumer Trust, Choice, and Competition for the required review of 
the new gTLD program 1 year later.

Below is a note I sent to the working group today, regarding whether a review 
of  "Consumer Trust" should examine whether new gTLD registries have followed 
relevant national laws -- as proposed by the BC in Philip Sheppard's draft 
document and at the workshop in Singapore.

From: Steve DelBianco 
<sdelbianco@xxxxxxxxxxxxx<mailto:sdelbianco@xxxxxxxxxxxxx>>
Date: Tue, 6 Sep 2011 17:54:40 +0000
To:  "gnso-consumercci-dt@xxxxxxxxx<mailto:gnso-consumercci-dt@xxxxxxxxx>" 
<gnso-consumercci-dt@xxxxxxxxx<mailto:gnso-consumercci-dt@xxxxxxxxx>>
Subject: Re: [gnso-consumercci-dt] Draft Definitions

Just a follow-up on discussions from last week's call, regarding reference to 
"national laws" in the definition of Consumer Trust.

I had proposed this definition, based on the BC's original draft:
Consumer Trust is the degree of confidence among registrants and users that a 
TLD registry operator is fulfilling its proposed purpose and is complying with 
ICANN policies and all relevant national laws.

Michael and others suggested removing "all" before "relevant".   That makes 
sense, and perhaps we should say "applicable"  instead of "relevant", given 
some of the citations I found in ICANN documents for "national laws":


1.     Articles of Incorporation: “The Corporation shall operate for the 
benefit of the Internet community as a whole, carrying out its activities in 
conformity with relevant principles of international law and applicable 
international conventions and local law"

2.     Applicant Guidebook:  “National Law” is cited as potential basis for 
Government objections, GAC Early Warning, and/or GAC advice

3.     Affirmation of Commitments:  “9.3.1 ICANN additionally commits to 
enforcing its existing policy relating to WHOIS, subject to applicable laws”

4.     Bylaws: regarding ccTLDs: “provided that such policies do not conflict 
with the law applicable to the ccTLD manager”

I realize that some in our WG do not want to cite national laws at all.   I did 
the above research to support my belief that we should cite national laws as a 
nod to governments and the GAC.     This was before we saw the European 
Commission working papers, which also cite the importance of national laws 
(attached).   However flawed the EC papers may be, they indicate the political 
lens through which the new gTLD program will be judged by governments.

--
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org and http://blog.netchoice.org
+1.202.420.7482

Attachment: EC paper on ICANN - APPLICABLE LAWS[4].docx
Description: EC paper on ICANN - APPLICABLE LAWS[4].docx



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