RE: [gtld-council] PDP Dec 05: Recommendation Chart & Responses Required

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Robin's wording seems consistent with what I understood we agreed to in
today's meeting.

Chuck Gomes
 
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> -----Original Message-----
> From: owner-gtld-council@xxxxxxxxxxxxxx 
> [mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Robin Gross
> Sent: Thursday, June 07, 2007 2:31 PM
> To: Mawaki Chango; Liz Williams; gtld-council@xxxxxxxxxxxxxx
> Subject: Re: [gtld-council] PDP Dec 05: Recommendation Chart 
> & Responses Required
> 
> How about a slightly revised version of #6 as follows?:
> 
> "Strings must not be contrary to legal norms relating to 
> morality and public order to the extent regulated and within 
> the limits of enforceable principles of international law.  
> Examples of these principles include but are not limited to 
> the Paris Convention regarding trademarks and principles from 
> the Universal Declaration of Human Rights and the 
> International Covenant on Civil and Political rights such as 
> freedom of expression rights."
> 
> I believe the above wording would address the concern that 
> individual national bans on particular language won't be 
> applied to the entire world, but they would still apply to 
> that jurisdiction.  This will allow nations to "regulate 
> morality" within their own jurisdictions, but ICANN wouldn't 
> apply these national standards globally.
> 
> Thanks,
> Robin
> 
> 
> 
> Mawaki Chango wrote:
> 
> >Just to add a bit on the drafting process, which I hope may help.
> >
> >I'm going through this latest draft right now, and have 
> found that it 
> >would be much clearer to just drop off the portions that we agree to 
> >delete, instead of writing something like [DELETE [etc.], 
> etc.] We all 
> >have the earlier version and could compare if we want.
> >
> >What I've found useful in the council-amended wording today June
> >7 for recom. 3 & 6 is that where trademark provisions/rights are 
> >explicitly mentioned, freedom of expression ones will too, and vice 
> >versa, because the experience shows that rights deriving 
> from those two 
> >principle may often and precisely conflict in the use of 
> communication 
> >media. In that regard, maybe the ammended recom. 6 can be Ok 
> since none 
> >of those two is precisely mentioned, but at least recom. 3 should 
> >mentioned both as discussed on the call earlier.
> >
> >The other maybe cosmetic/semantic concern I raised on the 
> call (and I 
> >understood Bruce & Philip, at least, agreed with that) is 
> that "Strings 
> >[may be or] not be contrary to legal norms relating to morality and 
> >public order, etc." but I am not sure we can require that Strings be 
> >not contrary to legal norms relating to freedom of expression. Just 
> >because the possible issue with freedom of expression is the 
> forces, or 
> >authorities, that may restrain it, but not that one instance of 
> >expression (here the strings) can be contrary to FoE in the first 
> >place. I believe the same holds even if we replace FoE by UDHR.
> >
> >What about the following version (addressing just the "cosmetic"
> >issue) that I can suggest, or something very close?
> >
> >Strings must not be contrary to legal norms relating to morality and 
> >public order, to the extent granted and within the limits of 
> recognised 
> >or enforceable international principles of law.
> >Examples of these principles include but are not limited to 
> those found 
> >in the Paris Convention, the Universal Declaration of Human 
> Rights and 
> >the International Covenant on Civil and Political rights.
> >
> >Thanks,
> >
> >Mawaki
> >
> >--- Robin Gross <robin@xxxxxxxxxxxxx> wrote:
> >
> >  
> >
> >>Thanks for sending this out so fast Liz.
> >>
> >>3 points on the new draft:
> >>
> >>Rec. #3 and #6:
> >>We had agreed to specifically mention "freedom of expression"
> >>as a type
> >>of interest to protect under the UDHR and ICCPR.
> >>
> >>Rec #3.
> >>I thought we weren't going to keep the GAC 2.3 privileging 
> trademark 
> >>owners and IGOs since we added a mention to both the trademark 
> >>interest and the free expression/human rights interest in 
> the body of 
> >>Rec#3.
> >>
> >>Rec #8.  
> >>Are we now saying that the application will automatically be 
> >>"rejected"
> >>based opposition?  The previous language was "deferred or otherwise 
> >>rejected" so we seem to be dropping the "deferred" and 
> going right to 
> >>"rejected" with this change.  I don't think that was what was 
> >>intended.
> >>
> >>Thanks,
> >>Robin
> >>
> >>
> >>
> >>
> >>
> >>Liz Williams wrote:
> >>
> >>    
> >>
> >>>Colleagues
> >>>
> >>>Thank you very much on your continued work and support.
> >>>
> >>>Please find attached an overview document which sets out in
> >>>      
> >>>
> >>ORANGE
> >>    
> >>
> >>>the text from today's meeting.
> >>>
> >>>Could I ask you to please RESPOND to me as quickly as
> >>>      
> >>>
> >>possible with
> >>    
> >>
> >>>your indication of support for EACH of the recommendations
> >>>      
> >>>
> >>as they
> >>    
> >>
> >>>stand?  I assume that everyone supports the principles and
> >>>      
> >>>
> >>the
> >>    
> >>
> >>>implementation guidelines as they stand.  They will be used
> >>>      
> >>>
> >>by the
> >>    
> >>
> >>>implementation team to prepare the presentations on the 
> >>>Implementation Plan for the San Juan meeting.
> >>>
> >>>Could you please respond in the following way:
> >>>
> >>>Recommendation 1 -- support
> >>>Recommendation 2  -- need more work
> >>>Recommendation 3 -- support and so on
> >>>
> >>>If you do this, I will be able to finalise significant
> >>>      
> >>>
> >>sections of
> >>    
> >>
> >>>the Report and provide assistance to the implementation team
> >>>      
> >>>
> >>on a
> >>    
> >>
> >>>large body of work that depends upon the completion of
> >>>      
> >>>
> >>policy
> >>    
> >>
> >>>recommendations.
> >>>
> >>>I will also be able to advise you on the small elements that
> >>>      
> >>>
> >>need
> >>    
> >>
> >>>further discussion which will guide the sessions we put
> >>>      
> >>>
> >>together for
> >>    
> >>
> >>>the San Juan meeting.
> >>>
> >>>Kind regards.
> >>>
> >>>Liz
> >>>
> >>>PS  Note that the cut off for Constituency Impact Statements
> >>>      
> >>>
> >>is COB 9
> >>    
> >>
> >>>June Europe time -- thanks to the ISPs, BC and RyC for their
> >>>      
> >>>
> >>statements.
> >>    
> >>
> >>>.....................................................
> >>>
> >>>Liz Williams
> >>>Senior Policy Counselor
> >>>ICANN - Brussels
> >>>+32 2 234 7874 tel
> >>>+32 2 234 7848 fax
> >>>+32 497 07 4243 mob
> >>>
> >>>
> >>>
> >>>
> >>>      
> >>>
> >>    
> >>
> >
> >  
> >
> 
>