Re: [nc-transfer] FW: Briefing on Legal Conditions forPolicyImplementation

[Dan Steinberg <synthesis@videotron.ca>]

Marilyn,
I have read the attached document, and at first glance see no where that we need to make any changes. It may be more relevant to the whois task force given the particular nature of that requirement but I dont feel at all qualified to make any statements
on that issue.

With respect to Transfers, the way I see it, we are making recommendations on *what* to change...the 'how to implement' is something we skated on a few times and always specifically backed away from as far as I can remember.
If we map Louis' requirements in the document to the changes in Appendix A, I can't find anything that needs changing on the *what* front. What he appears to be discussing...is the *how* and the *can we?*  He has not come out and said "I dont think we
should implement para x.xx.y.a (1)" so I have to assume there is nothing glaringly impossible or illegal that struck him in his role as General Counsel.

So we are down from specifics that need be addressed...to generalities and possibilities and implementation issues.  Were we to change things...we would be changing recommendations.  I believe our task was to take input and formulate recommendations on
changes...not to tell ICANN how to implement them.

If our recommendations are accepted, I am sure they will find the right way to implement them as Louis Touton puts it..."to proceed in a manner that addresses the reasoned objections and concerns of these entities."  And if there are things we recommended
that they cannot implement...so be it. At least we tried and came up with what we thought was best after considering every possible angle and (most important) taking input from wherever we could find it.

Thoughts?


"Cade,Marilyn S - LGA" wrote:

> As I had indicated I would, I asked Louie to consult with us on the issues related to the contracts for implementation of a policy recommendation by registrars and/or registries.  He prepared the attached and forwarded to the Names Council last night.
> Please review before our calls.
>
> We need to assess our recommendations against this legal clarification, and determine if there is additional work needed.
>
> I think it will be helpful, after we digest this, to be able to also consult with Louis Touton, General Counsel.
>
>   ------------------------------------------------------------------------
>                                               Name: general-counsel-briefing-20oct02.doc
>    general-counsel-briefing-20oct02.doc       Type: WINWORD File (application/msword)
>                                           Encoding: base64
>                                        Description: general-counsel-briefing-20oct02.doc

--
Dan Steinberg

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