<HTML><FONT FACE=arial,helvetica><FONT SIZE=2 FAMILY="SANSSERIF" FACE="Arial" LANG="0">To the NCC:<BR>
Here is the full text of the correspondence with Vint. As you can see, messages went back and forth. The only thing I have added is names and initials to help identify who is writing the various sections. <BR>
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as I mentioned in my summary email, I found the ICANN Board's discussions difficult to follow (especially from scribe notes). I am greatly relieved to hear that .ORG will remain unrestricted -- both before and after registration. <BR>
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regards, kathy kleiman<BR>
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Vint Cerf (VC):<BR>
>>>I think you will see that the directors gave guidance to the president of ICANN that no restrictions be placed on registrations in .org >> <BR>
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Kathy Kleiman (KK)<BR>
>>I see the guidance to the president regarding open registrations, and it is indeed reassuring and extremely supportive of open communication on the Net. But self-selected, unrestricted registrations in .org is the front end. If I might, I don't understand what restrictions have been placed or guidance given to the backend. <BR>
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>>Will .org registrants face a new set of frightening challenges based on the nature of their communication online -- the content of their website? two specific questions: <BR>
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>>a) did the Board endorse the recommendation that there be a requirement of a noncommercial certification in a future .org registration? Such a certification might create a terrible new set of legal problems online. Here are some problems that might raise. Would a girl scout troop have to certify that their use of .org is noncommercial to get a registration? Does that certification become invalid (or their registrations subject to revocation) when the group posts information about upcoming cookie sales, or even a price list of cookies? What about Kennedy Center memberships? Little League raffle tickets? Putting a link from my personal website to the old car I may be trying to sell? <BR>
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VC:<BR>
>the board concluded that no certification or even post-registration challenge process as regards non-commercial status be introduced. <BR>
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KK:<BR>
>>b) challenges after registration. Did the Board support the use of challenges after the registration in .ORG -- challenges beyond the UDRP? I see Amadeau recommending them; and I see Alejandro warning that such challenges involve the content of the website, not the domain name. <BR>
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VC:<BR>
>Amadeo suggested a challenge procedure but the board did not adopt it. <BR>
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KK:<BR>
>>Facing a challenge of whether their bake sale is a commercial or noncommercial activity would be a horrible debate for any noncommercial group, family or individual to have to enter into. It would pit large corporations against small organizations, families and individuals --- and encourage challenges based on the content of the website, not the activity online. It would be used by companies and others to drive off legitimate criticism and concerns from .ORG. What a terrible thing for a child to have to face, or his parent. <BR>
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VC:<BR>
>the board wanted to simplify the operation of .org as much as possible <BR>
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KK:<BR>
>>In the real world, companies have no legal right to challenge content unless they can show some level of illegality, such as infringement. If they cannot show some threshold level of copyright or trademark infringement, their lawsuit will be thrown out of court (we call it not passing the laugh test). If they cannot prove their claims of infringement, then they lose. These checks keep out harassment by companies. <BR>
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>>ACM-IGP just completed a study of international trademark laws, and I did not find a single country that extends trademark past goods and services. I was amazed at the consistency from Brazil and the Czech Republic (both with especially strong protection for noncommercial activity), to Spain, the UK, Canada, and even China (and many others). <BR>
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>>This is a long way of saying that law gives the commercial community fewer rights to challenge use in the noncommercial sphere, .org, not more. <BR>
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>>Mr. Cerf and other Board members on this email: <BR>
>>If you could help me, what is the guidance for the President on the ex-post challenges and certifications? thanks so much, kathy kleiman/acm-igp <BR>
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