[CCWG-ACCT] Minority statements inclusion in report

[Mueller, Milton L]

Malcolm: Comments inline

> -----Original Message-----
> Since we are not discussing the final bylaws, but only text that is intended to
> brief the lawyers, and that the text written by the lawyers will come back to
> the CCWG for final review, this remains within our power.

Then let's propose some additional emendations to do that. 

> I am afraid I must disagree with you here, David.
> 
> Merely "touching upon" content is not, in my view, sufficient to place
> something outside the scope of ICANN's Mission and it wasn't my intent,
> in supporting this text, to make it so.

That's not what David said. What he is concerned about is the use of domain names to regulate or control the content of websites, as opposed to the use and registration of the domain name itself. So in your UDRP example, yes, you can look at the content of the website to determine whether the use of the domain is 'passing off' or some other kind of use of the domain name to infringe trademark rights. No, you can't use ICANN to yank the domain because you think the content of the site is illegal or undesirable. (You still can, of course, use standard law enforcement mechanisms to do this. Just not ICANN).