[gnso-irtp-b-jun09] Response from ICANN Compliance re. impact of voluntarily language on 60 day lock

[Marika Konings <marika.konings@xxxxxxxxx>]

Dear All,

For your information, please find below the response from Pam Little to the 
question that was raised by George Kirikos (see 
http://forum.icann.org/lists/gnso-irtp-b-jun09/msg00367.html and 
http://forum.icann.org/lists/gnso-irtp-b-jun09/msg00371.html) in relation to 
the term ‘voluntary’ as used in the IRTP.

With best regards,

Marika

===========================

Dear Mr. Kirikos,

I apologize for the delay in responding to your query. As you know, there have 
been some staff changes within ICANN Contractual Compliance department so it 
has been challenging for us to manage a number of competing priorities. I hope 
you would understand.

At the outset, I would like to point out that the November 2009 correspondence 
from Mr. Giza (to which you referred) was intended to clarify the distinction 
between a Whois update and a change of registrant (in the context of the so 
called "60-day lock" implemented by GoDaddy) and therefore at that time the 
meaning of the word "voluntarily” used in item 6, paragraph 3 of the IRTP was 
not considered.

With regard to the interpretation of the word "voluntarily", we think any and 
all of the first 6 definitions for "voluntary" at 
<http://www.merriam-webster.com/dictionary/voluntarily 
<http://www.merriam-webster.com/dictionary/voluntarily> > are relevant:

Definition of VOLUNTARY
1 : proceeding from the will or from one's own choice or consent
2: unconstrained by interference : self-determining
3: done by design or intention : intentional <voluntary manslaughter>
4: of, relating to, subject to, or regulated by the will <voluntary behavior>
5: having power of free choice
6: provided or supported by voluntary action <a voluntary organization>
7: acting or done of one's own free will without valuable consideration or 
legal obligation

We recognize there might be different views or disagreement among community 
members on what the word "voluntarily" (as used in item 6, paragraph 3 of the 
IRTP) was intended to mean or should mean so ICANN staff is working actively 
with the IRTP Part B Working Group to hopefully develop additional 
clarification on this issue.

In the meantime, if you believe a conversation would be useful, please feel 
free to call me or let me know a time that is convenient for me to call you.


Kind regards,

Pam Little
Senior Director, Contractual Compliance, Asia Pacific