[governance] RE: Human rights and new gTLDs

Bret Fausett bfausett at internet.law.pro
Mon Oct 1 13:05:31 EDT 2007


On Oct 1, 2007, at 8:52 AM, Avri Doria wrote:
> - lotteries have legal constraints. (my favorite - when something  
> is already unpredictable might as well let the fates decide.  
> personally i think that if people knew it would be subjected to  
> luck they would be quicker to find a compromise solution)

Avri, during my time on the Council, I heard this voiced at the  
Amsterdam meeting, and I thought we had put it to rest. There is no  
legal constrain whatsoever on random selection. Coin flips and names  
in a hat are perfectly legal ways to decide something, if other  
mechanisms fail. A lottery, on the other hand, is a completely  
different beast, and is governed by law, at least in the United  
States. In a lottery, you pay money for a chance, and if you are not  
selected in the lottery, you lose the money you paid for the chance.  
Because of the "lose-your-money" factor, lotteries are deemed second  
cousins to gambling.

I agree with you on the chance factor having a coercive effect on  
compromise. You can still do that.

      -- Bret

--
Bret Fausett (skype me at "lextext")
smime.p7s is a digital signature
http://www.imc.org/smime-pgpmime.html
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