Hi,
If courts has been treating it as content, then it may be good to fix that by providing clarification on what the domain is.
I don't think because some jurisdiction see it as content should imply that it is correct and that should not be a thing to worry about unless ICANN in her existing contracts/agreement has recognised domain as content. If that is the case then the wording of the contracts has to be looked into as to whether they are subject to policies and then those details/hacks can be proposed through the appropriate PDP.
Regards
Sent from my Asus Zenfone2
Kindly excuse brevity and typos.
MM: I don’t agree that the domain names are not content. Courts have ruled in multiple jurisdictions that domain names (e.g., Taubmannsucks.com) constitute a protected form of expression. Any statement or actions to the contrary by ICANN would in fact violate the legal rights of third parties.
However, I do not mind crafting the bylaws in a way that specifies that domain names are not the kind of content regulation proscribed by this language. Because of conflicts over rights to names and ICANN’s position as policy maker governing how to resolve them, ICANN’s rules do need to take into account the semantic aspects of domain names. Thus, a footnote to the effect that “the prohibition on content regulation of internet services does not prevent ICANN policies from taking into account the semantic meaning of domain names” would be acceptable to me.
--MM
On Mon, Nov 23, 2015 at 7:45 PM, Malcolm Hutty <malcolm@linx.net> wrote:
On 23/11/2015 23:14, Alan Greenberg wrote:
> MISSION, CORE VALUES
>
> Page 33: In the infamous "ICANN shall have no powers" section (those
> words since removed), I have been assured that there will be
> instructions to the lawyers so that the final crafted Bylaw will make it
> clear that for the purposes of this section, the identifiers themselves
> will be deemed not to be content. A footnote in the Annex would give me
> some comfort.
As I have said before, I have no problem with doing this.
In fact, please can we get on and do it, so we don't have to keep
hearing this request repeated!
--
Malcolm Hutty | tel: +44 20 7645 3523
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