[governance] .WINE .VIN - who's business is it ?

[Milton L Mueller]

Actually the NTIA has it right, Wilkinson is wrong, (and let's leave Crocker and Chehade off of the cc list ;-)
ICANN is a global coordinator; its whole purpose was to avoid having the DNS partitioned into 192 different jurisdictional requirements. If we want 'local' laws to regulate DNS let's eliminate a global root altogether and turn the Internet into the national PTT telephone system. (Oh, it wouldn't be the internet then, would it?)

The EC's idea that it can impose its parochial GI regulations on a global resource is misguided, and an attempt to assert extraterritorial jurisdiction. If they want to enforce their _local_ rules, let them regulate sale or consumption of the TLD registrations _within their own territory_ nothing stops them from doing that, they already have that authority.

The Strickling letter is exactly on target when it asserts that the EC, and certain applicants for .WINE are engaged in special protectionist negotiations and that those negotiations do not have the consensus support of the GAC, much less the rest of the community.



From: governance-request at lists.igcaucus.org [mailto:governance-request at lists.igcaucus.org] On Behalf Of CW Mail
Sent: Monday, May 26, 2014 12:17 PM
To: IGC LIST
Cc: Steve Crocker; Fadi Chehade
Subject: Re: [governance] .WINE .VIN - who's business is it ?
Importance: High

Good afternoon:

https://www.icann.org/en/system/files/correspondence/strickling-to-crocker-21may14-en.pdf

Protection of Geographical Indications by ICANN does not depend on " ... GI related obligations in any international legal instrument ... " (c.f. Strickling, para 2)

Rather, it depends on the Articles of Incorporation of ICANN, Article 4:

4. The Corporation shall operate for the benefit of the Internet community as a whole, carrying out its activities in conformity with relevant principles of international law and applicable international conventions and local law and, to the extent appropriate and consistent with these Articles and its Bylaws, through open and transparent processes that enable competition and open entry in Internet-related markets. To this effect, the Corporation shall cooperate as appropriate with relevant international organisations.

That clause was introduced into the ICANN Articles of Incorporation in the 1998-99 negotiations between the White House, Jones Day and the European Commission, precisely to deal with this kind of situation.

Accordingly, whilst it is normal for public authorities, such as NTIA or, for that matter, the European Commission, to write letters to ICANN, on this occasion, and on that point, NTIA has got it wrong.

Regards

Christopher Wilkinson.



-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.igcaucus.org/pipermail/governance/attachments/20140528/1036fe7d/attachment.htm>
-------------- next part --------------
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.igcaucus.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.igcaucus.org/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t