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    Highlights of the ICANNWatch Archive
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    WIPO Intercedes For Iraq | Log in/Create an Account | Top | 3 comments | Search Discussion
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    WIPO Intercedes For Chile, UK and Japan
    by vbertola on Sunday March 09 2003, @11:43PM (#11293)
    User #3435 Info | http://bertola.eu.org/
    This is a very difficult situation where there's merit for both sides - the fact that a country should have a chance to prevent inappropriate use of its name, and the fact that private non-infringing uses are possible and should not be necessarily forbidden or discontinued where already existing. (By the way, you missed to note that the WIPO letter explicitly says that no position has been taken on what to do with the existing registrations - see 8. (ii) in Annex 2 [icann.org].)

    You may remember that I was the one who, during the Public Forum at ICANN meeting in Ghana, sent an e-mail which Vint Cerf read, and which commented Stuart Lynn's initial idea that governments should have more weight in ICANN exactly by saying that you would then remove power from those people in Iraq trying to use the Internet to communicate with the rest of the world, and give it directly to the Iraqi government.

    And yet, what disturbs me in your comment is the idea that the fact that the United States forbid trade with some foreign countries which they judge as "terrorist" is enough to deny these countries the possession of domain names in global TLDs. As you can see, what the US thinks about Libya or Iraq is not necessarily shared by the rest of the world, and in fact ICANN being subject to US laws, rather than to international treaties, is one of its biggest weak points.

    So I think that discussion on this issue should not be mixed with judgements about whether this or that particular government is democratical or not. Simply reformulate your reasoning with "Chile", "United Kingdom", "Japan" or any of your favourite countries in place of Iraq, and in my opinion we'll have a more appropriate discussion.

    --vb. (Vittorio Bertola)

    [ Reply to This | Parent ]
    Re:WIPO Intercedes For Chile, UK and Japan
    by jberryhill on Monday March 10 2003, @12:21AM (#11295)
    User #3013 Info

    Alas my comments cannot change US law, which forbids a California corporation from entering into a commercial contract with the governments of Iraq or Libya.

    Whether you or I like or agree with US foreign policy, the fact is that ICANN is a US corporation, subject to US jurisdiction, and the US laws which define those whom one in the US may engage in certain types of activities.

    Indeed, the technical contact for the .iq top-level domain is currently in jail awaiting trial in Texas for precisely such allegations.

    It is not illegal for ICANN to do business with Chile or with Japan, so your suggestion makes no sense at all.
    [ Reply to This | Parent ]

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