Rule of law Safeguards

[Zahid Jamil <zahid@xxxxxxxxxxxxxxxxx>]

Dear WHOIS RT,


A thought regarding the mention of "applicable law".  There are some 
jurisdictions that may not incorporate certain internationally accepted 
safeguards with respect to law enforcement and regulatory powers.   Instead of 
possibly leaving this open to arbitrary discretion and powers where such 
protections and safeguards may not fully exist, it may be useful to mention 
international standards with respect to safeguards in the exercise of 
procedural and other powers wielded by regulatory or law enforcement 
authorities such as that which appear in the only existing internationally 
binding instrument on cybercrime i.e. The Budapest Convention on cybercrime 
inter alia:


Article 15     Conditions & Safeguards
1    Each Party shall ensure that the establishment, implementation and 
application of the powers and procedures provided for in this Section are 
subject to conditions and safeguards provided for under its domestic law, which 
shall provide for the adequate protection of human rights and liberties, 
including rights arising pursuant to obligations it has undertaken under the 
1950 Council of Europe Convention for the Protection of Human Rights and 
Fundamental Freedoms, the 1966 United Nations International Covenant on Civil 
and Political Rights, and other applicable international human rights 
instruments, and which shall incorporate the principle of proportionality.

2    Such conditions and safeguards shall, as appropriate in view of the nature 
of the procedure or power concerned, inter alia, include judicial or other 
independent supervision, grounds justifying application, and limitation of the 
scope and the duration of such power or procedure.

3    To the extent that it is consistent with the public interest, in 
particular the sound administration of justice, each Party shall consider the 
impact of the powers and procedures in this section upon the rights, 
responsibilities and legitimate interests of third parties.



Thank you for your the opportunity to comment and your kind consideration.




Best regards, 

Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 5680760 / 5685276 / 5655025
Fax: +92 21 5655026
www.jamilandjamil.com

Notice / Disclaimer
This message contains confidential information and its contents are being 
communicated only for the intended recipients . If you are not the intended 
recipient you should not disseminate, distribute or copy this e-mail. Please 
notify the sender immediately by e-mail if you have received this message by 
mistake and delete it from your system. The contents above may contain/are the 
intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute 
privileged information protected by attorney client privilege. The 
reproduction, publication, use, amendment, modification of any kind whatsoever 
of any part or parts (including photocopying or storing it in any medium by 
electronic means whether or not transiently or incidentally or some other use 
of this communication) without prior written permission and consent of Jamil & 
Jamil is prohibited.

Sent from my iPad