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

[Liz Williams <liz.williams@xxxxxxxxx>]

Colleagues

I would urge you to reconsider carefully the second part of this  
recommendation.  Including the second part means that ICANN itself  
would become part of the objection process.  I am not sure that this  
is what you intend or how that would be measured.  Revising the  
recommendation on the basis of the recommendation below would cause  
some significant subjectivity being introduced into the process about  
"infringement and unfairness".  Of course ICANN must, in the  
selection process, operate in accordance with its bylaws and mission  
and core values.
We have spent a great deal of time on ensuring that we have a pre- 
published, objective process that is about the applicant and the string.
Kind regards.

Liz
.....................................................

Liz Williams
Senior Policy Counselor
ICANN - Brussels
+32 2 234 7874 tel
+32 2 234 7848 fax
+32 497 07 4243 mob




On 29 Jun 2007, at 15:59, Gomes, Chuck wrote:

> Regarding Recommendation 3, it seems to me that there are two key
> elements: 1) strings that may infringe existing legal rights and 2)  
> the
> selection process that may infringe existing legal rights.  If I am
> correct, then we need to include both in this recommendation and I  
> think
> we started working in that direction yesterday.
>
> 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 28, 2007 2:14 PM
> > To: gtld-council@xxxxxxxxxxxxxx
> > Subject: [gtld-council] modifications to new gTLD
> > recommendations #3 and 6
> >
> > 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.