RE: [soac-mapo] On "universal resolvability" and useful questions that emerged yesterday

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

Avri's suggestion seems to be moving in a possible direction that many
could support.  I encourage further discussion of it.

Chuck

> -----Original Message-----
> From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On
> Behalf Of Avri Doria
> Sent: Tuesday, August 31, 2010 3:46 PM
> To: soac-mapo
> Subject: Re: [soac-mapo] On "universal resolvability" and useful
> questions that emerged yesterday
> 
> 
> 
> On 31 Aug 2010, at 15:15, Milton L Mueller wrote:
> 
> > However, as I argued yesterday on the call, I hope you forget about
> the "panel of experts." There is very little "expertise" to come into
> play here, it is mainly about values. The Board should be directly and
> unambiguously responsible for any censorship of TLDs, and its
decisions
> doing so must surmount a supermajority requirement.
> 
> 
> Yesterday I thought I was in favor of the Board being the final
> arbtrar.  Now I have concerns.
> 
> What controls the board in many cases, after their duty to do the
right
> thing, is their fear of being sued.  But since the basis for a suit is
> determined by US and California law, this makes the US law, and its
> prejudices, the driving condition. This leaves a gap for any country
or
> issue that is not US.
> 
> For example things that might be barred by the US terrorism rules
might
> be perfectly reasonable TLDS.
> 
> Having an external review committee that made its recommendation to
the
> Board might be a remedy for this.  If this were international hyper
> respected jurists giving a recommendation based on the ICANN
> guidelines, while just an opinion with all the subjectivity that might
> have, it gives the Board something beyond US law to base their vote
on.
> 
> So I guess I am recommending we consider belt and suspenders for those
> who will be making the decisions.
> 
> Putting all the recommendations together perhaps something like:
> 
> - Anthony's rework of the wording
> - Jothan's sieve
> - AGv04 review panel
> - Milton's Board is the decider
> - Bertrand's recommendation of an appeal mechanism
>   pending question: the standard non binding reviews or something
else?
> 
> a.
>