Re: [ga] [fwd] [council] Legal Breifing Regarding Implementation of New or Changed Policies (from: touton@icann.org)

["Peter Dengate Thrush" <barrister@chambers.gen.nz>]

Dear Louis
Please would you ensure, when preparing statements like this to clearly
distinguish between cctlds and gtlds.

I assume that you never intended any of this to apply to cctlds - your focus
has been on gtld contracts.

But the risk remains that this sort of statement will be interpreted either
accidentally or maliciously as applicable to cctld registries and their
registrars.

A few glances at your text should make it clear:

1. cctld registries do not operate under a contractual right to operate
their registries, nor do they do so for an agreed period, and ICANN cannot
terminate the "designation" of a cctld registry operator.
2. ccTLD registrars are subject only to the contractual or other obligations
with their cctld registries, and have no legal relationship with ICANN at
all.

Thanks in anticipation.

regards

Peter Dengate Thrush
Senior Vice Chair
Asia Pacific TLD Association


----- Original Message -----
From: "Thomas Roessler" <roessler-mobile@does-not-exist.info>
To: <ga@dnso.org>
Sent: Monday, October 21, 2002 9:24 AM
Subject: [ga] [fwd] [council] Legal Breifing Regarding Implementation of New
or Changed Policies (from: touton@icann.org)


> fyi
> --
> Thomas Roessler (mobile) <roessler-mobile@does-not-exist.org>
>
>
>
>
> ----- Forwarded message from Louis Touton <touton@icann.org> -----
>
> From: Louis Touton <touton@icann.org>
> To: council@dnso.org
> Date: Sun, 20 Oct 2002 13:09:25 -0700
> Subject: [council] Legal Breifing Regarding Implementation of New or
Changed Policies
> Envelope-to: roessler-mobile@does-not-exist.info
> Delivery-date: Sun, 20 Oct 2002 22:11:56 +0200
>
> To the Names Council:
>
> Recently the Names Council Transfers and Whois Task Forces have posted
> interim reports that raise for consideration new or revised policies
> that depend on registrars and registry operators for implementation.
> Several of registrars and registry operators have expressed alarm
> concerning the effect that implementing these proposed policies would
> have on their operations, and have indicated that they presently oppose
> some of the requirements being considered.
>
> This opposition presents legal issues that could affect the ability to
> implement the policies being considered.  To assist the Names Council,
> its task forces, and the DNSO generally, I have prepared a briefing on
> legal considerations that should be taken into account in developing
> policies that are amenable to effective implementation.  I have posted
> that briefing at
> <http://www.icann.org/legal/briefing-on-implementation-20oct02.htm>.
>
> Best regards,
>
> Louis Touton
>
>
>
> ----- End forwarded message -----
> --
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