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Username: akelman
Date/Time: Tue, November 14, 2000 at 4:02 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 4.0
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Subject: dotYP' application - breach of the rules of Natural Justice ?

Message:
 

 
                                                I am puzzled and concerned about the apparant rejection of the dotYP proposals. It seems to me that ICANN have wandered outside of their brief and have made assumptions, applied interpretations come to conclusions without giving dotYP the opportunity of replying to the points raised in a proper manner. Here in Europe under the European Convention on Human Rights we have a situation where it is always the case that a person cannot be condemned without being heard. Any such action would be a nullity. It seems to me that the correct procedure in handling dotYPs application should have been to have made an advance copy of the experts' report available to dotYP with timelimit for responses and only then, after consideration of these responses should the highly damaging report have been published on the ICANN web site.       

I hope that ICANN take these thoughts into consideration and apply the law of natural justice to their proceedings. dotYP's proposals look to me to show a fundamental understanding of some of the major problems which confront the development of the Internet in this century and deserve to be properly and judicially considered.

Alistair Kelman
Barrister and E-Commerce counsel to Enformatica
Author of "Electronic Commerce: Law and Practice" ISBN 042170800X

Further information about Enfomatica Limited is available for inspection at Chelford Court, Robjohns Road, Chelmsford, Essex. CM1 3AG, Telephone +44 (0) 1245 611 300 Fax +44 (0) 1245 287 057.

Any comments or statements made herein do not necessarily reflect those of Enfomatica Limited, its subsidiaries and affiliates.

     
     
     
     
     
     
     

 

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