RE: [gnso-consumercci-dt] Draft Definitions

[Rosemary Sinclair <rosemary.sinclair@xxxxxxxxxxx>]

Hi All

I'm comfortable with this..."and applicable national laws" 

Cheers

Rosemary
________________________________________
From: Steve DelBianco [sdelbianco@xxxxxxxxxxxxx]
Sent: Wednesday, September 07, 2011 3:54 AM
To: Michael Salazar; Cheryl Langdon-Orr; gnso-consumercci-dt@xxxxxxxxx
Cc: Rosemary Sinclair; Margie Milam
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 initially proposed this definition:
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