Re: [dow1-2tf] Expanded "step by step" procedure re conflicts with local law

["Jordyn A. Buchanan" <jordyn@xxxxxxxxxxxxx>]

Marc:

The original language from TF #2 did provide an exception in cases in 
which a registrar was forced to take immediate action by a regulator.

I believe that the intent of the task force (although it is not spelled 
out in detail in the agreed upon language, and I am doing a bit of 
interpretation here) was that when a situation arises in which there is 
a demonstrated conflict between ICANN contract requirements on WHOIS 
and national law, the registrar should not be penalized by ICANN as a 
result of complying with national law.

Jordyn

On Oct 4, 2004, at 6:07 PM, Marc Schneiders wrote:

> On Mon, 4 Oct 2004, at 12:16 [=GMT-0400], Steven J. Metalitz IIPA 
> wrote:
>
> > This procedure assumes continued
> > compliance with contractual obligations throughout the process until 
> > the
> > issue is resolved.
>
> Unless the national law isn't patient enough and will close down
> operations of a registrar...
>
> Whois would go out of the air then anyway. Which would not bother me
> that much. But the domains might also stop functioning in as far as
> the registrar is also involved in the DNS.  That would be a pity. And
> not good for the stability of the internet etc.
>
> I think we need provisions for situations where national law isn't
> patient enough to wait for the periods specified in the proposal.
>
> ICANN doesn't have an army.