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

[Robin Gross <robin@xxxxxxxxxxxxx>]

That is a good question.  It seems to me that the relevant national 
statutes and court decisions that have worked out the law and free 
expression boundaries for "Internet speech" are the relevant rules.   
But I don't think it is a particular issue that ICANN needs to decide 
because national law sets the different rules for radio v. print v. 
Internet, etc.
Robin


Ross Rader wrote:

> Robin Gross wrote:
>
> > 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."
>
> Please take this as a legitimate question, it is intended in good faith.
>
> Are we referring to the legal norms relating to morality in the 
> broadcast sense, the publication sense or the private access sense? (I 
> mention three variations knowing that there are other forms as well). 
> Even within these three categories, there are differing standards 
> applied - what gets printed in a book is different than what gets 
> printed in a newspaper. What the FCC permits over a television 
> broadcast is much different that what they permit over pay-per-view.
> Which standards do we expect will be applied in terms of TLD strings?