Date: July 10, 2000Dear Distinguished Members At Large, ICANN Names Council and
Honorable ICANN Board Members:
I offer the following references that I considered
as background, and guiding principles, in order to provide my systematic responses
to the 74 questions posted in the public input/comment forum.
I did not
make direct reference to the following information as I consider that the 74 questions
AND ICANN’s actions deal with technical, administrative and process aspects/principles/methods
of the new gTLDs. Besides the administrative issues prompted by the 74 questions
posted for comments, some questions/answers necessarily touched on things more closly
related under the purview of Administrative Law (i.e., those things that define the
powers, limitations, and procedures of administrative agencies) which more closely
resemble the Administrative Procedure Act (5 USC Sect. 551 et seq.), and to some
extent the California Codes, BUT NOT facts of substantive law, other than those which
have purview over the administrative functions of ICANN, notwithstanding the fact
that ICANN is a private, non-profit corporation.
However, I believe that
mentioning of these documents (i.e., the ones referenced below) is of great value
in that these referenced documents may continue to provide you with some of the relevant
context to guide you, as they did me, in considering the recommendations before you
relating to the new gTLDs.
To this end, I urge you to weigh the precedent value
of the following documents; the referenced documents are representative, but not
exhaustive, of the body of law and knowledge regarding the issues at hand.
I congratulate
you for you outstanding work and the opportunity that you have afforded us, the Membership
At Large, to take part of this process, and the openness, which I perceived, is certainly
a “best-practice” given your short history. In this light, I am respectfully
certain that the word and the spirit on the following documents will be of great
value to you (i.e., the following Congressional Acts (the law) and other relevant
Congressional information, including the written testimony presented to the Oversight
Subcommittee on July 22, 1999 by Ms. Esther Dyson, Interim Chair, ICANN).
Very
Truly Yours,
Nestor Requeno
Los Angeles, California USA
NR:nr
REFERENCES:
The
Internet Freedom and Family Empowerment Act (Rep. Christopher Cox, 47th Congressional
District, California & then Rep. Ron Wyden). Approved by the House by an overwhelming
420-4 vote, and was signed into law in February 1996 as part of the Telecommunications
Act of 1996. [47 U.S.C. 230]
Reference Link: the webpage of the Hon. Christopher
Cox (Representative, 47th Congressional District, California): http://www.house.gov/nettax/cw1.htm
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The
Electronic Signatures in Global and National Commerce Act (Inslee/Eshoo/Lofgren Amendment).
The bipartisan vote was 356 to 66. [H.R. 1714].
Reference Link: the webpage of
the Hon. Anna Eshoo (Representative, 14th Congressional District of California):
http://www-eshoo.house.gov/esign.html
-------------------------
The Internet
Freedom and Broadband Deployment Act of 1999 (Rep. William Tauzin, R-Louisiana, Chairman
Subcommittee on Telecommunications, Trade and Consumer Protection & Rep. John Dingell,
(D-Michigan). [H.R. 2420]
Reference Link: http://www.house.gov/tauzin/internetact.htm
--------------------------
House Policy Committee -- Policy Perspective--Good for America, Good For the World:
"A Global Free Trade Zone on the Internet", (1997), Rep. Christopher Cox (R-Louisiana),
Chairman. Reference: "Framework for Global Electronic Commerce" signed by President
Clinton (1997).
Reference Link: http://policy.house.gov/documents/perspectives/global.htm
--------------------------
Title:
A bill to protect consumers and promote electronic commerce by amending certain trademark
infringement, dilution, and counterfeiting laws, and for other purposes. Senate Bill
S.1225; Sponsor: Sen. Abraham Spencer (Introduced 6/21/1999; Passed Senate: Congressional
Record Page Ref. 9/8/99 CR S10629-10630; Passed House: Congressional Record Page
Ref. CR H10830-10831); 106th Congress.
Related Bill: H.R. 3028, (Rogan/Boucher/Coble/Goodlatte).
[S. 1225 passed House, amended, in lieu of H.R. 3028]
Title: Trademark Cyberpiracy
Prevention Act -- To amend certain trademark laws to prevent the misappropriation
of marks [Introduced in the House 10/6/99].
Reference Link: Website of Rep. James
E. Rogan, 27th Congressional District, (R-California): http://www.house.gov/rogan/enmenu2.htm
--------------------------------
Witten
Testimony Presented to Oversight Hearing -- Committee on Commerce -- Committee on
Oversight & Investigations, July 22, 1999 by Ms. Esther Dyson, Interim Chair, ICANN,
Panel 1, Witness 2.
Quotable Sections: I. Introduction: The Challenge of Creating
a Private Sector, Consensus-Based Organization; II. Subsections Entitled: "Permanent
Cost Recovery" & "Constraints on ICANN's Authority"; Conclusion.
Reference Link:
U.S. House of Representatives, Committee on Commerce, Subcommittee on Oversight and
Investigations, July 22, 1999 Oversight Hearing.
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