[gtld-council] new TLDs updated work: Recommendation 6 clarification needed

[Liz Williams <liz.williams@xxxxxxxxx>]

Hello everyone

I have just reviewed all my notes and the subsequent email threads  
with respect to Recommendations 6.  I have also read Robin's email  
posted http://forum.icann.org/lists/gtld-council/msg00691.html which  
says that the NCUC will submit minority reports on Recommendation 6  
(& 20) next week.  Assuming that is the case then, and this is where  
I need clarity for this week's work, is there any necessity for  
further discussion from the group beyond the list of proposed  
examples which I have amended parenthetically as a result of last  
week's call?   I have set out the previously agreed text and the text  
agreed in the small group work.
Recommendation 6

Previously agreed text:  "Strings must not be contrary to generally  
accepted legal norms relating to morality and public order that are  
enforceable under generally accepted and internationally recognized  
principles of law.  Examples of such limitations that are  
internationally recognized include, but are not limited to,  
restrictions defined in the Paris Convention for the Protection of  
Industrial Property (in particular restrictions on the use of some  
strings as trademarks), and the Universal Declaration of Human Rights  
(in particular limitations to freedom of expression rights)."
Small group agreed text:   "Strings must not be contrary to generally  
accepted and internationally recognized principles of law.  Examples  
of such principles of law include, but are not limited to, the  
Universal Declaration of Human Rights (UDHR), the Paris Convention on  
the Protection of Industrial Property, the Agreement on Trade-Related  
Aspects of Intellectual Property Rights (TRIPS) [remove previous two  
and insert language below], the Berne Convention on the Protection of  
Literary and Artistic Works [remove], the International Covenant on  
Civil and Political Rights (ICCPR), the Convention on the Elimination  
of all forms of Discrimination Against Women (CEDAW) and the  
International Convention on the Elimination of All Forms of Racial  
Discrimination."
Note Philip suggested the inclusion of general text about the  
"intellectual property treaties administered by the World  
Intellectual Property Organisation (WIPO)".
Given the two alternatives, I would be grateful if Committee members  
could clarify their support for one formulation or the other.  The  
NCUC will then be able to write its minority statement based on the  
stable text.
I am happy to set up whatever communication the Committee may need  
during the week.  Alternatively, email communication may suffice  
until the Thursday 19 July Committee meeting.
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