[CCWG-ACCT] WP2 Issues from last night's call

Malcolm Hutty malcolm at linx.net
Wed Nov 4 15:59:23 UTC 2015



On 04/11/2015 14:17, Alan Greenberg wrote:
> In the regulatory section, I would still like to see language that
> explicitly says that the unique identifiers themselves are deemed to not
> be "content".

Alan,

If you read the clause carefully, you will see that it does not say that
ICANN cannot regulate Internet content; that's just a loose paraphrasing
some people have been using in conversation.

Instead, it says that ICANN "shall not regulate
services that use the Internet's unique identifiers, or the content	that
such services carry or provide."

So the target of that exclusion is not "content" but "services" and "the
content that such services carry or provide". This neatly avoids the
question of whether domain names are content, because even if they are,
they are still outside the reach of that exclusion.

Malcolm.
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