[Rt4-whois] Fwd: Rule of law Safeguards

[Kathy Kleiman]

Dear All,
We have received the following comment from a member of the GNSO from 
the IP/Business community that I wanted to bring to your attention.
Tx you!
Kathy

-------- Original Message --------
Subject: 	Rule of law Safeguards
Date: 	Tue, 13 Mar 2012 17:06:46 -0600
From: 	Zahid Jamil <zahid at jamilandjamil.com>
To: 	whois-rt-draft-final-report at icann.org 
<whois-rt-draft-final-report at icann.org>
CC: 	olof.nordling at icann.org <olof.nordling at icann.org>




Dear WHOIS RT,


A thought regarding the mention of "applicable law".  There are some 
jurisdictions that may not incorporate certain internationally accepted 
safeguards with respect to law enforcement and regulatory powers.   
Instead of possibly leaving this open to arbitrary discretion and powers 
where such protections and safeguards may not fully exist, it may be 
useful to mention international standards with respect to safeguards in 
the exercise of procedural and other powers wielded by regulatory or law 
enforcement authorities such as that which appear in the only existing 
internationally binding instrument on cybercrime i.e. The Budapest 
Convention on cybercrime inter alia:


Article 15     Conditions & Safeguards

1    Each Party shall ensure that the establishment, implementation and 
application of the powers and procedures provided for in this Section 
are subject to conditions and safeguards provided for under its domestic 
law, which shall provide for the adequate protection of human rights and 
liberties, including rights arising pursuant to obligations it has 
undertaken under the 1950 Council of Europe Convention for the 
Protection of Human Rights and Fundamental Freedoms, the 1966 United 
Nations International Covenant on Civil and Political Rights, and other 
applicable international human rights instruments, and which shall 
incorporate the principle of proportionality.

2    Such conditions and safeguards shall, as appropriate in view of the 
nature of the procedure or power concerned, /inter alia,/ include 
judicial or other independent supervision, grounds justifying 
application, and limitation of the scope and the duration of such power 
or procedure.

3    To the extent that it is consistent with the public interest, in 
particular the sound administration of justice, each Party shall 
consider the impact of the powers and procedures in this section upon 
the rights, responsibilities and legitimate interests of third parties.



Thank you for your the opportunity to comment and your kind consideration.




Best regards,

Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 5680760 / 5685276 / 5655025
Fax: +92 21 5655026
www.jamilandjamil.com <http://www.jamilandjamil.com>

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