<html><div style='background-color:'><DIV class=RTE>
<P>Boy, am I being misunderstood! :-) Let me try to add clarity to what I was trying to convey, versus what language is used. </P>
<P> </P>
<P>What I am trying to support is that we should just get guidance on how to accomplish the goal of "a clear notice, that is easy to find, and that includes at a minimum the following information from the RAA and that the collected data is displayed in WHOIS. I agree that lawyers are inclined to give different interpretations of "words", and that words MIGHT have different legal meaning. </P>
<P> </P>
<P>However, there is no intent on my part to stick with using "conspicious" </P>
<P>When I used "clear and conspicious" I didn't mean that we should try to put those words into the policy, but that we needed to capture an intent of having a notice that is easy to find, easy to understand, and noticeable, and references the WHOIS. :-) </P>
<P>does that help to explain what I was trying to accomplish?.</P>
<P>I think from the Council's discussion that there was a strong support to the intent to inform the registrant -- and acknowledgement that there is a concern that right now, that isn't always the case. BUT that where possible, we would not duplicate existing requirements, only appropriately augment them.</P>
<P>I unfortunately will not be on the call. I have an emergency medical situation that can't be rescheduled, or that my international travel refuses to allow me to reschedule. I'll talk to David Fares and Sarah Deutsch before the call regarding the BC perspectives. <BR><BR></P><BR><BR><BR>>From: "Milton Mueller" <Mueller@syr.edu><BR>>To: <tim@godaddy.com>, <marilynscade@hotmail.com>, <dmaher@pir.org><BR>>CC: <council@gnso.icann.org>, <gnso-dow123@gnso.icann.org>, <Bruce.Tonkin@melbourneit.com.au><BR>>Subject: RE: [gnso-dow123] Proposed consensus recommendationonimproving notification to Registered Name Hold<BR>>Date: Mon, 27 Jun 2005 13:49:21 -0400<BR>><BR>>Agree with David. That is why NCUC suggested, in the first round, that<BR>>ICANN standardize the notification, both in
terms of wording and in<BR>>terms of size requirements. In effect, ICANN would get registrars off<BR>>the hook with regard to whether the notice was "clear and conspicuous"<BR>>because ICANN would have decided for them what kind of notifications<BR>>conformed with their contractual obligations to be clear & conspicuous.<BR>><BR>><BR>> >>> "David W. Maher" <dmaher@pir.org> 06/27/05 11:45 AM >>><BR>>I suggest that it is a waste of time to get advice on legal<BR>>interpretations of "clear and conspicuous". Collecting information<BR>>from lawyers about what this phrase means in China, or Uzbekistan,or<BR>>........., could bring this process to a halt for years.<BR>>David Maher<BR>><BR>>At 08:54 PM 6/26/2005, Tim Ruiz wrote:<BR>> >Thanks Marilyn. I'm not saying that is the wrong phrasing, I just<BR>>don't<BR>>
>know. I do know that it has been opened to wide intrepretation in US<BR>> >courts and from State to State. So maybe something to get advice on.<BR>><BR>><BR>><BR></DIV></div></html>