The issue deserves a serious debate ( further study to how to address the consequent problems) and I agree with the idea not only to be part of our agenda but also a topic for the summit ( inviting some international law expert from both point of view - common sense law and roman law) I start to study a little bit more deeply this issue. Best, Vanda Scartezini Polo Consultores Associados Alameda Santos 1470 #1407 Tel - +55113266.6253 Mob- +55118181.1464 vanda@uol.com.br Before print think about the Environment "The information contained in this message - and attached files - is restricted, and its confidentiality protected by law. If you are not the intended recipient, please delete this message and notify the sender immediately. Please be advised that the improper use of the aforementioned information will create grounds for legal action." "As informações existentes nesta mensagem e nos arquivos anexados são para uso restrito, com sigilo protegido por lei. Caso não seja o destinatário, favor apagar esta mensagem e notificar o remetente. O uso impróprio das informações desta mensagem será tratado conforme a legislação em vigor." -----Mensagem original----- De: alac-bounces@atlarge-lists.icann.org [mailto:alac-bounces@atlarge-lists.icann.org] Em nome de Cheryl Langdon-Orr Enviada em: sexta-feira, 7 de março de 2008 15:50 Para: 'Danny Younger'; 'At-Large Worldwide' Cc: 'Holly' Assunto: Re: [At-Large] Deep Policy Issues Thank you for this reposting Danny which raises an issue that IMO is important and has great potential for further discussion in ALAC/ the RALO's and the ALS's as well as no doubt some of the WG lists, as well as here... This topic overlaps with the specific area of interest and expertise that some of these lists members have and indeed is part of the subject material reviewed by the part time Executive Director of my own ALS ISOC-AU in the International Law section of the Master Class she teaches at the University if NSW in Cyberlaw (thus my c.c. directly to her... Should for example the community feel it needs to further explore these issues from a global perspective (LAW and User desires for outcomes) perhaps a presentation or discussion forum might be considered useful as part of our education and outreach activities *and/or* be a possible entry as a topic for the Summit Content subgroup of the ALAC Summit WG, where we would have an opportunity for the widest possible global involvement on this topic (and remember ASLS reps *will be* required to do pre prep on subject material *before* they attend) and so if that was to happen I am fairly sure that Holly and ISOC-AU, amongst others would be more than happy to help... Could even make a good topic for an entertaining & informative exploratory exercise along similar lines to the Hypothetical on ccTLD re-delegation that the ccNSO ran back at the Wellington ICANN meeting. CLO -----Original Message----- From: alac-bounces@atlarge-lists.icann.org [mailto:alac-bounces@atlarge-lists.icann.org] On Behalf Of Danny Younger Sent: Saturday, 8 March 2008 12:34 AM To: At-Large Worldwide Subject: [At-Large] Deep Policy Issues I am reposting the insightful remarks of Bertrand de La Chapelle (Special Envoy for the Information Society, French Ministry of Foreign Affairs -- GAC member) found on the cpsr governance list on the topic of the U.S. Treasury's Office of Foreign Assets Control (OFAC) action with regard to the Cuban-themed websites of Steven Marshall -- (note: this topic was first raised in the article "A Wave of the Watch List, and Speech Disappears" by Adam Liptak of the New York Times). Milton, Following your remarks to McTim below, and supposing this indeed is done through the courts, the interesting set of questions here is : 1) Would/should a foreign registrar comply with a court order from the US ? 2) And if it failed to do so, would the court order Verisign to do it (block the domain name) ? 3) Should Verisign do it, does that mean that all .com registrants become indirectly subject to US law, not only in terms of appropriate strings, but also in terms of the very activity they run, even on servers not located on US territory and serving customers outside of the US ? This is a real and useful discussion. Nothing to do with the "oversight of the root" via IANA. It is exposing the core challenge of competing or overlapping jurisdictions and probably the need for some "globally-applicable public policy principles". I believe nobody has the full complete answer. In my personal view, this is an illustration of the mutation of sovereignty, disconnecting it from the sole physical territory and allowing it to expand in a fractal manner on other territories - or conversely, retract - depending on the influence of the corresponding national actors in the digital sphere. And those national actors are not only the governments : the existence of a dominant player in a specific domain (Verisign, but also a Google, YouTube, MySpace or Facebook) does bring the corresponding government a leverage. But it probably also gives it a special responsibility it did not have before. This notion of "fractal sovereignty" is harder to handle than the traditional territory-based one but probably more adapted to our connected world than the notion of strict subsidiarity : the challenge is to manage interdependence and interactions. To enrich the discussion, I'd like to put in perspective here the issue of IDNs. Will the physical location of the future major registries for IDN TLDs (particularly gTLDs if any) give the corresponding national courts a specific authority/legal power on all registrants in those TLDs, even if they are not located in that country and have no business with its citizens ? These are deep policy issues and I'd be interested in comments on those challenges. Because they are challenges for governments too. Best Bertrand ____________________________________________________________________________ ________ Looking for last minute shopping deals? Find them fast with Yahoo! 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