Dear All, We have received the following comment from a member of the GNSO from the IP/Business community that I wanted to bring to your attention. Tx you! Kathy -------- Original Message -------- Subject: Rule of law Safeguards Date: Tue, 13 Mar 2012 17:06:46 -0600 From: Zahid Jamil <zahid@jamilandjamil.com> To: whois-rt-draft-final-report@icann.org <whois-rt-draft-final-report@icann.org> CC: olof.nordling@icann.org <olof.nordling@icann.org> Dear WHOIS RT, A thought regarding the mention of "applicable law". There are some jurisdictions that may not incorporate certain internationally accepted safeguards with respect to law enforcement and regulatory powers. Instead of possibly leaving this open to arbitrary discretion and powers where such protections and safeguards may not fully exist, it may be useful to mention international standards with respect to safeguards in the exercise of procedural and other powers wielded by regulatory or law enforcement authorities such as that which appear in the only existing internationally binding instrument on cybercrime i.e. The Budapest Convention on cybercrime inter alia: Article 15 Conditions & Safeguards 1 Each Party shall ensure that the establishment, implementation and application of the powers and procedures provided for in this Section are subject to conditions and safeguards provided for under its domestic law, which shall provide for the adequate protection of human rights and liberties, including rights arising pursuant to obligations it has undertaken under the 1950 Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms, the 1966 United Nations International Covenant on Civil and Political Rights, and other applicable international human rights instruments, and which shall incorporate the principle of proportionality. 2 Such conditions and safeguards shall, as appropriate in view of the nature of the procedure or power concerned, /inter alia,/ include judicial or other independent supervision, grounds justifying application, and limitation of the scope and the duration of such power or procedure. 3 To the extent that it is consistent with the public interest, in particular the sound administration of justice, each Party shall consider the impact of the powers and procedures in this section upon the rights, responsibilities and legitimate interests of third parties. Thank you for your the opportunity to comment and your kind consideration. Best regards, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com <http://www.jamilandjamil.com> Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. Sent from my iPad