[governance] Where are we going?

[Meryem Marzouki]

Le 6 avr. 07 à 14:20, Avri Doria a écrit :

> BTW: my position is based not on the USan so called right to free  
> speech, but on the UDHR which a lot of the countries that complain  
> about the imperialism of freedom of expression have signed:
>
> Article 19.
>
>       Everyone has the right to freedom of opinion and expression;  
> this right includes freedom to hold opinions without interference  
> and to seek, receive and impart information and ideas through any  
> media and regardless of frontiers.

But, Avri, a Declaration should be considered as a whole, and there  
are other articles in UDHR, like, e.g.:

"Article 29
(1) Everyone has duties to the community in which alone the free and  
full development of his personality is possible.

(2) In the exercise of his rights and freedoms, everyone shall be  
subject only to such limitations as are determined by law solely for  
the purpose of securing due recognition and respect for the rights  
and freedoms of others and of meeting the just requirements of  
morality, public order and the general welfare in a democratic society.

(3) These rights and freedoms may in no case be exercised contrary to  
the purposes and principles of the United Nations."

which is more than enough to support other positions. There's only  
one way out from this endless discussion: ICANN shouldn't be expected  
to adhere to these principles (in any case, it's not bound by them -  
only governments are). Yes, the .xxx case is a blatant case of  
content regulation (whatever stength the meaning of a domain name is  
granted w.r.t. to full pages of text). But it's only the latest at  
this step. What about the supremacy of trademark protection over any  
other criteria? Isn't that content regulation too?

Meryem


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