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

[Robin Gross <robin@xxxxxxxxxxxxx>]

Well ICANN isn't tasked with creating new laws about morality, so, yes, 
applicants should follow the laws of the countries in which they 
operate.  Perhaps it should go without saying.  But as long as morality 
is going to be a string criteria at all, it should not be more 
restrictive than the law would allow. 

Robin


Ross Rader wrote:

> So then this really says "don't break the law"?
>
> Robin Gross wrote:
>
> > 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?