RE: [gtld-council] PDP Dec 05: Follow-up to 23 June

["Mike Rodenbaugh" <mxr@xxxxxxxxxxxxx>]

I disagree with the limitation to 'the jurisdiction in which the
applicant is incorporated' as that will encourage location in countries
with lax laws, and flies in the face of other countries' laws on
personal jurisdiction over companies that inflict harm in those
countries.

Mike Rodenbaugh
Sr. Legal Director
Yahoo! Inc.

-----Original Message-----
From: owner-gtld-council@xxxxxxxxxxxxxx
[mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Robin Gross
Sent: Monday, June 25, 2007 10:26 AM
To: Edmon Chung
Cc: philip.sheppard@xxxxxx; gtld-council@xxxxxxxxxxxxxx
Subject: Re: [gtld-council] PDP Dec 05: Follow-up to 23 June

We must place limitations on the type of objections that can kill an 
domain - law/technical/operational.  The 2nd sentence below (beginning 
with "Furthermore") allows for an infinite number of reasons for 
rejecting an application.

We don't want to encourage a lobby-fest over applications.  Critics and 
competitors can kill applications without any basis of law or 
operational capacity if we allow this free-for-all opposition.

So taking a version of the first sentence below and building on that for

#20:

"An application may only be rejected if is shown to be in violation of 
the laws of the jurisdiction in which the applicant is incorporated, or 
if the applicant is shown to lack the technical or operational capacity 
to perform the necessary functions of managing the domain."

- Robin


Edmon Chung wrote:

>May I suggest:
>
>"An application will be rejected if is shown to be in violation of the
laws of the jurisdiction in which the applicant is incorporated;
>
>Furthermore, for gTLDs that appear to serve an economic sector or a
community, an application will be rejected if it is determined that
there is substantial opposition to it from among established
institutions of the target economic sector or community."

>
>
>- Avoiding the terms "national" and "country"
>- Suggesting that "substantial opposition" is up front to make it more
clear.
>
>Edmon
>
>
>
>  
>
>>-----Original Message-----
>>From: owner-gtld-council@xxxxxxxxxxxxxx [mailto:owner-gtld-
>>council@xxxxxxxxxxxxxx] On Behalf Of philip.sheppard@xxxxxx
>>Sent: Monday, June 25, 2007 11:11 PM
>>To: gtld-council@xxxxxxxxxxxxxx
>>Subject: [gtld-council] PDP Dec 05: Follow-up to 23 June
>>
>>
>>Building on Mawaki's good suggestion with my original clarification
>>Philip
>>________________
>>
>>
>>"An application will be rejected if is shown to be in
>>violation of the national law of the country in which the
>>applicant is incorporated;
>>
>>Furthermore, for gTLDs that appear to serve an economic sector
>>or a community, an application will be rejected if it is
>>determined that there is opposition to it from among established
>>institutions of the target economic sector or community and that that
>>opposition is substantial."
>>    
>>
>
>
>  
>