AW: [council] suggestions for the Toronto agenda

["Kleinwächter, Wolfgang" <wolfgang.kleinwaechter@xxxxxxxxxxxxxxxxxxxxxxx>]

Thanks Thomas for raising this issue.
 
I fully agree with the intention of Thomas points. As you will remember there 
was a President´s Strategy Committee under Paul Twomey which discussed, inter 
alia, under "internaitonalization" the option of a second ICANN HQ (under Swiss 
or Belgium Law). This project was called "ICANN International". Unfortunately, 
due to other priorities, the idea was never further discussed in detail.
 
With all the cases we have seen in the last years that decisions by US courts 
affects parties outside the US it seems to me that we have to come back to such 
a discussion when we move forward into a broader gTLD space.  With hundreds of 
new registries, based outside the US and more than 1000 registrars around the 
whole globe we will probably move into a complicated situation where we have 
very confusing and unacceptable constellations in handling concrete legal 
cases. This includes also the issue of privacy/whois. 
 
I have no clear idea at the moment how we can find a reasonable way to 
accomodate the various individual/national interests in a workable legal 
constellation, however it seems to me that we have to offer alternative options 
for new contracting parties in this field. 
 
Furthermore, to continue with the present practice feeds arguments by UN member 
states to look for alternatives. Some of them see such todays situation as in 
contrast to the spirit of para. 68 of the Tunis agenda which is not really true 
but also not totally wrong. 
 
It would be indeed a wise pro-active step of the GNSO council if we would 
re-start such a discussion. It will be primarily future members of the GNSO and 
their constituency which will have here problems and they will be thankful if 
they realize that by joining the GNSO they enter an open and sensitive 
community.
 
Thanks
 
wolfgang

________________________________

Von: owner-council@xxxxxxxxxxxxxx im Auftrag von Thomas Rickert
Gesendet: Fr 14.09.2012 11:09
An: GNSO Council List
Betreff: [council] suggestions for the Toronto agenda




Stéphane, Wolf-Ulrich and Jeff, all,
since we did not have the time to discuss agenda items for Toronto, I would 
like to propose two topics now.

1. At the moment, all contracts with ICANN are governed by the laws of 
California. For ICANN to be globally inclusive, it would seem appropriate to me 
if ICANN would offer contracts at least one in each of the regions under one 
regional law. I would like to kick-off a discussion on that.

2. In the course of the RAA negotiations there are, amongst others, requests 
for (i) validation prior to the resolution of domain names and annual 
re-verification to increase Whois accuracy as well as for (ii) data retention 
for two years past the life of the registration. Particularly these two areas 
will have an enormous impact on the whole community. Yet, there does not seem 
to be community-wide attention to that and the practical and legal implications 
thereof. Let me clarify that this it not meant to affect the Registrars' 
mandate to negotiate or change the Council's role. It is more about raising 
awareness.


Thanks for all your work on putting the agenda together,
Thomas