[CCWG-ACCT] Human Rights

[Kavouss Arasteh]

Dear All,
Thanks to all of you.
I am not in favour to define nor interpret " Applicable Law"
We would be opening a very complex discussion and almost inconclusive results
Kavouss  


Sent from my iPhone

> On 3 Mar 2016, at 20:12, Martin Boyle <Martin.Boyle at nominet.uk> wrote:
> 
> Nigel, you seem to be advocating US interpretation of human rights, which in turn would imply a degree of extraterritoriality.
> 
> That should not be the case for ccTLDs as Eberhard points out, but it might be a big issue for geo-TLDs, too.
> 
> I think that "applicable law" is the best formulation for where we are and WS2 can have the joy of interpreting what are the implications of that.  Let's leave such a difficult discussion to then.
> 
> Martin 
> 
> 
> 
> 
> Martin Boyle
> Senior Policy Advisor
> 
> Sent from my iPhone
>  
> 
>  
> nominet.uk    DD: +44 (0)1865 332251
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> 
> On 2 Mar 2016, at 13:58, Dr Eberhard W Lisse <el at lisse.na> wrote:
> 
>> And,
>> 
>> it does so for gTLDs only.
>> 
>> el
>> 
>>> On 2016-03-02 15:42 , Nigel Roberts wrote:
>>> As you rightly say, I am foreshadowing WS2.
>>> But I am also renewing my strong objection to the "applicable law"
>>> formulation, for the following reason.
>>> It's quite valid to comment, in response, that ICANN *already* regulates
>>> the takedown of domain names in the protection of third-party rights -
>>> the protection of intellectual property.
>>> That is all well and good, and is a worthy step in the protection of
>>> that person/organisations rights under (for example) Art. 1, Prot.1 of
>>> the ECHR -- provided it is balanced against the rights to free
>>> expression and due process.
>>> But it's not hard to see that the "applicable law" scenarion could be
>>> misused to impose controls on content.
>>> For example, the right to privacy and the right to free expression
>>> intersect in different places in different countries.
>>> This is the well-known "margin of appreciation" in Human Rights
>>> jurisprudence.
>>> So, ICANN, by binding itself to 'applicable law' would potentially bind
>>> itself to breaching the First Amendment, by having a by-law obligation
>>> to 'applicable law' in say the UK (libel), France (celebrity) or China
>>> (respect for authority).
>>>> On 02/03/16 13:20, León Felipe Sánchez Ambía wrote:
>>>> Hi Nigel,
>>>> This will be an interesting discussion on our WS2 work plan.
>>>> I fail to see why or how ICANN would be obliged to develop such
>>>> policies as ICANN is not an entity with (legal) powers to take down
>>>> any kind of content. The only situation in which I see ICANN taking
>>>> down a site, as opposed to a particular content within a website, is
>>>> in case a Court ordered such take down which, in my mind at least,
>>>> would be subject to different applicable norms in the context of
>>>> international cooperation I think, and for that Court order to be
>>>> escalated to ICANN level I would think it would need to be taken
>>>> through the path of registrant-registrar-registry before even getting
>>>> to ICANN but that is just an assumption, of course.
>>>> Best regards,
>>>> León
>>>>> El 29/02/2016, a las 8:26 p.m., Nigel Roberts
>>>>> <nigel at channelisles.net> escribió:
>>>>> http://www.bbc.co.uk/news/world-asia-china-35685999
>>>>> This tells me that the right to free expression is one which ICANN
>>>>> should respect, and not merely 'as required by applicable law'.
>>>>> It seems to me that 'applicable law' here would have ICANN institute
>>>>> policies allowing for takedown of the material that is contained in
>>>>> the books referred to in this article, would it not?
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