[CCWG-ACCT] Board comments on the Mission statement
Alan Greenberg
alan.greenberg at mcgill.ca
Mon Nov 23 03:06:43 UTC 2015
I rarely fill people's mailboxes just to do this, but in this case;
+1
Alan
At 22/11/2015 08:31 PM, Silver, Bradley wrote:
>I want to echo and support Gregâs response
>below. Miltonâs position that an existing
>provision of the RAA is out of the scope of
>ICANNâs mission is illuminating. I had been
>operating on the (hopeful) presumption that what
>we were attempting to do was find a way to
>describe ICANNâs mission in a manner that
>reflects its current activities, and avoid
>drafting anything that could adversely impact
>its continued ability to do so while clearly
>preventing any undue expansion. If those who
>support the language in the second sentence are
>seeking a way to attack the validity or
>enforceability of existing contractual
>provisions, then the concerns of the board are
>not only well founded, they are grossly understated.
>
>From:
>accountability-cross-community-bounces at icann.org
>[mailto:accountability-cross-community-bounces at icann.org]
>On Behalf Of Greg Shatan
>Sent: Sunday, November 22, 2015 3:01 AM
>To: Mueller, Milton L
>Cc: Accountability Cross Community
>Subject: Re: [CCWG-ACCT] Board comments on the Mission statement
>
>Milton,
>
>I strongly disagree that 3.7.7 is out of scope
>of ICANN's mission. I also don't think it's
>useless, nor is it an uncommon provision in many
>terms of service and similar agreements. 3.7.7
>only asks for the registrant's "knowledge and
>belief" -- so they are not required to know
>whether they are infringing anywhere under any
>jurisdiction. They are only required to make
>reference to what they already know -- an
>entirely reasonable and ordinary requirement.
>
>Is it your intent that the new provision we are
>discussing places 3.7.7 out of scope, and thus
>serves as a basis for an IRP or other challenge
>seeking to nullify 3.7.7? Since 3.7.7 is only
>an "example," what other sections are you trying to place out of scope?
>
>Thanks.
>
>Greg
>
>On Sat, Nov 21, 2015 at 5:56 PM, Mueller, Milton
>L <<mailto:milton at gatech.edu>milton at gatech.edu> wrote:
>
>
> > -----Original Message-----
> >
> > See section 3.7.7 of the registrar accreditation agreement (RAA):
> >
> <https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en>https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en
> >
> > 3.7.7.9 The Registered Name Holder shall represent that, to the best of the
> > Registered Name Holder's knowledge and belief, neither the registration of
> > the Registered Name nor the manner in which
> it is directly or indirectly used
> > infringes the legal rights of any third party.
>
>Bruce: this is a good example of how the RAA is
>currently out of scope. To begin with, it is a
>completely useless element of the RAA. This
>statement does not stop anyone from doing
>anything, and it does not require ICANN to
>determine whether a registrant is infringing
>someone's rights. And how is anyone supposed to
>know whether the way they use a domain infringes
>the legal rights of a third party - anywhere in
>the world, under any jurisdiction? They cannot
>know this until and unless someone asserts
>those rights against them in a legal system
>which has jurisdiction and can make a legal
>determination. Or do we want ICANN to be making
>this determination? Most would agree that we do
>not. So what is the purpose, other than to
>invite ICANN to impose controls or regulations
>on virtually anything that happens on the internet?
>
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