[CCWG-ACCT] regulatory/mission issue WS2

[Malcolm Hutty]

On 06/11/2015 22:22, Greg Shatan wrote:
> 
> We have still not resolved the issue of what is meant by a "service," an
> ambiguous term that apparently may have a meaning specific to Telcoms
> professionals but not one that is broadly understood or tends to exclude
> other meanings in the context of a corporate Bylaw.  I am confident that
> our lawyers (even though one is a Tech Transactions lawyer not unlike
> myself) will not grasp what Malcolm thinks this conveys.  In any event,
> one of the rules of good legal drafting is to avoid jargon or terms of
> art specific to an industry, except in a document of such narrow
> application that it will be instantly obvious what the meaning is. 

As I have said, the word "service" is used, without complaint, as a
general descriptor for such things as web servers, mail servers and so
forth*, not only in the legislation of the European Union, but also if I
am not mistaken in your own Federal law.

But this is not reserved to lawyers alone: these services are also so
known as "services" amongst the technical community.

So I do not agree tha the terms is "ambiguous", even if you are
personally unfamiliar with it.

If we remove from the ICANN Bylaws every term of art or jargon specific
to the Internet industry it will certainly be a shorter document, but
unfortunately quite unintelligible. When it comes to ICANN, the use of a
certain number of terms for central features of the Internet is
inevitable I'm afraid.

Kind Regards,

Malcolm.

* to be utterly pedantic, the service is what the web server does.
-- 
            Malcolm Hutty | tel: +44 20 7645 3523
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