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Re: [gtld-council] modifications to new gTLD recommendations #3 and 6

  • To: philip.sheppard@xxxxxx
  • Subject: Re: [gtld-council] modifications to new gTLD recommendations #3 and 6
  • From: Robin Gross <robin@xxxxxxxxxxxxx>
  • Date: Thu, 28 Jun 2007 11:50:41 -0700

The proposed Rec #6 doesn't explicitly encourage ICANN to regulate morality and public order as the current #6 does. However, these types of legal restrictions are still included within the scope of in the proposed wording. So it doesn't wreck it all - those legally valid objections are still within scope.


philip.sheppard@xxxxxx wrote:

We cannot support these changes without checking externally.

Further, the absence of the phrase public and morality is an ommission in
the proposed change to 6 that makes this in effect a wrecking amendment.


NCUC proposes the following modifications to new gTLD recommendations #3
and 6:

Rec. 3:

The process for selecting strings must not infringe existing legal
rights that are enforceable under internationally recognized principles
of law or the applicant's national law.

Examples of these legal rights that are internationally recognized
include, but are not limited to, rights defined in the Paris Convention
for the Protection of Industrial Property (in particular trademark
rights), the Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights (in particular freedom of
expression rights).

Rec 6:

Strings must not be contrary to legal norms that are enforceable under
generally accepted and internationally recognized principles of law.
Taking into account the aforementioned limitations, no application shall
be rejected solely because the applicant or string is associated with an
unpopular or controversial point of view.

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