[CCWG-ACCT] [WP2] WP2 Issues with third draft

Tue Nov 24 05:26:56 UTC 2015

MM: I don’t agree that the domain names are not content. Courts have ruled in multiple jurisdictions that domain names (e.g., Taubmannsucks.com) constitute a protected form of expression. Any statement or actions to the contrary by ICANN would in fact violate the legal rights of third parties.

However, I do not mind crafting the bylaws in a way that specifies that domain names are not the kind of content regulation proscribed by this language. Because of conflicts over rights to names and ICANN’s position as policy maker governing how to resolve them, ICANN’s rules do need to take into account the semantic aspects of domain names. Thus, a footnote to the effect that “the prohibition on content regulation of internet services does not prevent ICANN policies from taking into account the semantic meaning of domain names” would be acceptable to me.

--MM

On Mon, Nov 23, 2015 at 7:45 PM, Malcolm Hutty <malcolm at linx.net<mailto:malcolm at linx.net>> wrote:

On 23/11/2015 23:14, Alan Greenberg wrote:
> MISSION, CORE VALUES
>
> Page 33: In the infamous "ICANN shall have no powers" section (those
> words since removed), I have been assured that there will be
> instructions to the lawyers so that the final crafted Bylaw will make it
> clear that for the purposes of this section, the identifiers themselves
> will be deemed not to be content. A footnote in the Annex would give me
> some comfort.

As I have said before, I have no problem with doing this.

In fact, please can we get on and do it, so we don't have to keep
hearing this request repeated!

--
            Malcolm Hutty | tel: +44 20 7645 3523<tel:%2B44%2020%207645%203523>
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