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Re: [ga] Essay on ICANN



On Thu, 22 Jul 1999, Mark C. Langston wrote:

> 
> On 22 July 1999, "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu> wrote:
> 
> 
> >I have a modest proposal....
> >
> >http://www.icannwatch.org/archives/essays/932650853.shtml
> >
> 
> Michael -
>   Very nice proposal, but I'd like to ask:
> 
> When you say:
> 
> "ICANN could promise openness, due process, even-handedness, user
> privacy, protection for noncommercial expressive activities, and agree
> to avoid facilitating content controls [...]"
> 
> I'm concerned about the use of two terms:  openness, and noncommercial.
> Everyone seems to have their own definition of openness, so who
> decides what is 'open'?  And by noncommercial, did you mean the ICANN

One can try to define it in the contract with specifics,or one can leave
it to courts.  Trying to define it is better.

> meaning of the term, referring to organizations, or did you mean
> individuals?
> 

I mean to expressive activities, rather than commercial speech ("buy
this").  The focus is on the nature of the speech not the speaker.

> 

-- 
A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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