RE: [gnso-dow123] DRAFT redline of recommendation 2

["Marilyn Cade" <marilynscade@xxxxxxxxxxx>]

Hi, Vittorio

Actually, there is a lot of background on how and why this emerged as it
did, with the ability for the registrar and ICANN to have "confidential"
rather than "secret" discussions. 

Sometimes when a business is contacted by governmental agency, the agency
itself may require discussions to be confidential. :-)

Marilyn 

-----Original Message-----
From: owner-gnso-dow123@xxxxxxxxx [mailto:owner-gnso-dow123@xxxxxxxxx] On
Behalf Of Vittorio Bertola
Sent: Tuesday, April 26, 2005 5:08 AM
To: Steven J. Metalitz IIPA
Cc: gnso-dow123@xxxxxxxxxxxxxx
Subject: Re: [gnso-dow123] DRAFT redline of recommendation 2

Il giorno dom, 24-04-2005 alle 15:59 -0400, Steven J. Metalitz IIPA ha
scritto:
>  As requested, I have taken a shot at revising the recommendation on a
procedure for handling asserted national law conflicts.  

I was not a member of the original task force that developed this, so I feel
the need to ask why are we choosing this approach. Wouldn't it be much
simpler if the ICANN lawyers developed different versions of the RAA for the
different countries?

I mean, I've seen plenty of global corporations opening up for business in
different countries, and I've never heard of any of them saying "we have our
model contract from our home country, our customers should sign it as is,
we're not going to adapt it to local legislation and we don't care if it's
illegal here until we get sued". All of them hire a local lawyer and develop
a localized contract that meets their needs as far as possible, but follows
local legislation. If you read this document, the bottom line you get is
"ICANN doesn't care about the national laws of any country and will do as
much as possible to escape them", and I can tell you this is not the message
you want to send around at this point in time.

(Specifically, I also object to recommending that this kind of process is
kept secret and confidential... that's quite the opposite of what I would
expect from ICANN, especially in matters that regard the general public such
as this one.)
-- 
vb.             [Vittorio Bertola - v.bertola [a] bertola.eu.org]<-----
http://bertola.eu.org/  <- Prima o poi...