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I rarely fill people's mailboxes just to do this, but in this
case;<br><br>
+1<br><br>
Alan<br><br>
<br>
At 22/11/2015 08:31 PM, Silver, Bradley wrote:<br><br>
<blockquote type=cite class=cite cite="">I want to echo and support
Greg’s response below. Milton’s position that an existing
provision of the RAA is out of the scope of ICANN’s mission is
illuminating. I had been operating on the (hopeful) presumption
that what we were attempting to do was find a way to describe ICANN’s
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. <br>
<br>
<b>From:</b> accountability-cross-community-bounces@icann.org
[<a href="mailto:accountability-cross-community-bounces@icann.org" eudora="autourl">
mailto:accountability-cross-community-bounces@icann.org</a>] <b>On Behalf
Of </b>Greg Shatan<br>
<b>Sent:</b> Sunday, November 22, 2015 3:01 AM<br>
<b>To:</b> Mueller, Milton L<br>
<b>Cc:</b> Accountability Cross Community<br>
<b>Subject:</b> Re: [CCWG-ACCT] Board comments on the Mission
statement<br>
<br>
Milton,<br>
<br>
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.<br>
<br>
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?<br>
<br>
Thanks.<br>
<br>
Greg<br>
<br>
On Sat, Nov 21, 2015 at 5:56 PM, Mueller, Milton L
<<a href="mailto:milton@gatech.edu">milton@gatech.edu</a>>
wrote:<br><br>
<br>
> -----Original Message-----<br>
><br>
> See section 3.7.7 of the registrar accreditation agreement
(RAA):<br>
>
<a href="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</a>
<br>
><br>
> 3.7.7.9 The Registered Name Holder shall represent that, to the best
of the<br>
> Registered Name Holder's knowledge and belief, neither the
registration of<br>
> the Registered Name nor the manner in which it is directly or
indirectly used<br>
> infringes the legal rights of any third party.<br><br>
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?<br><br>
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