[ncdnhc-discuss] ICANN restricts leafleting at Los Angeles co nference

[Michael Froomkin - U.Miami School of Law]

FWIW, I think this discussion as to leaflets misses the point.  I've
posted my views at http://www.icannwatch.org/article.php?sid=450

On Sat, 10 Nov 2001, Adam Peake wrote:

> Bill's correct (thou some of andrew's comment a re little odd as we 
> must register for this meeting - but as about 800 turned up last 
> year...)
> 
> 
> >From: "Andrew McLaughlin" <mclaughlin at pobox.com>
> >To: <declan at well.com>
> >Subject: RE: ACLU protests ICANN demand of $5,000 to leaflet at meeting
> >Date: Fri, 9 Nov 2001 13:08:24 -0800
> >
> >Declan:
> >
> >The complaint is mistaken.  ICANN holds open meetings, free to attend, with
> >open mike sessions for public comment.  People have always been allowed to
> >distribute policy drafts, proposals, RFCs, resolutions, etc.  The meeting is
> >not, however, a trade show, and we don't want companies to use it for
> >marketing purposes.  So the distribution of commercial literature is
> >restricted to sponsors.  That's SOP for meetings like this.
> >
> --andrew
> 
> 
> New sig?  Not everything ICANN does is evil :-)
> 
> 
> >I have to say, I read this restriction as specifically applying to 
> >commercial promotional material. I do not read it as restricting the 
> >distribution of informational flyers by noncommercial organizations 
> >or individuals. In effect, it should be seen as a step taken to 
> >increase the value of paying for sponsorship status, which is one 
> >way ICANN can subsidize the cost of these events.
> >
> >Bill Semich
> >IUS-N
> >
> >At 02:05 PM 11/9/2001 -0500, Dave Crocker wrote:
> >>At 01:51 PM 11/9/2001 -0500, Chris Chiu wrote:
> >>
> >>>My original item:
> >>>>
> >>>>  not permit anyone to distribute leaflets or other such
> >>>>  materials
> >>
> >>vs.
> >>
> >>>  >From ICANN's webpage:
> >>>"An organization that is not a sponsor will not be permitted to distribute
> >>>materials in the meeting area.
> >>
> >>1. The difference between "an organization" and "anyone" is large 
> >>and important.
> >>
> >>2. The context of the ICANN statement is about sponsorship. 
> >>Literature distributed by sponsoring organizations is advertising 
> >>and promotions.  Hence the implication is that organizations will 
> >>be prohibited from disseminating advertising and promotional 
> >>material unless they are a sponsor.
> >>
> >>Yes, there is a possibility that the ICANN language means something 
> >>more restrictive, but rather than do a bit of reportorial 
> >>diligence, you have chosen the worst possible interpretation -- and 
> >>even creatively extended it in a no-so-subtle bit of inflammation 
> >>-- and then asserted that particular interpretion is the correct 
> >>one.  All this without checking with ICANN before stirring the 
> >>public fires.
> >>
> >>Rather than constantly looking for the worst, it would be more 
> >>constructive to seek clarity.
> >>
> >>d/
> >>
> >>----------
> >>Dave Crocker  <mailto:dcrocker at brandenburg.com>
> >>Brandenburg InternetWorking  <http://www.brandenburg.com>
> >>tel +1.408.246.8253;  fax +1.408.273.6464
> >>
> >>_______________________________________________
> >>Discuss mailing list
> >>Discuss at icann-ncc.org
> >>http://www.icann-ncc.org/mailman/listinfo/discuss
> >
> >_______________________________________________
> >Discuss mailing list
> >Discuss at icann-ncc.org
> >http://www.icann-ncc.org/mailman/listinfo/discuss
> 
> _______________________________________________
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> 

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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
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