[CCWG-ACCT] Board comments on the Mission statement

[Mueller, Milton L]

> -----Original Message-----
> 
> See section 3.7.7 of the registrar accreditation agreement (RAA):
> https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en
> 
> 3.7.7.9 The Registered Name Holder shall represent that, to the best of the
> Registered Name Holder's knowledge and belief, neither the registration of
> the Registered Name nor the manner in which it is directly or indirectly used
> infringes the legal rights of any third party.

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?