Revised xxx comment

Joly MacFie joly at PUNKCAST.COM
Thu May 6 19:36:05 CEST 2010


Should there be a capital P on Process in Independent Review Process?

And Norbert's already noted the extraneous 'to'.

Apart from that, looks good.

j


On Thu, May 6, 2010 at 12:55 PM, Carlos A. Afonso <ca at cafonso.ca> wrote:
> Agreed.
>
> --c.a.
>
> On 05/06/2010 01:28 PM, Norbert Klein wrote:
>>
>> Good job to arrive at this - agreed.
>>
>> There is only one typo ["to"] in this sentence: "A TLD string to should
>> not be rejected simply because..."
>>
>> Norbert Klein
>>
>> =
>>
>> Milton L Mueller wrote:
>>>
>>> Hi, this has been revised to reflect Avri's and Mary Wong's comments. So
>>> you can see the changes, I have used a Word doc with the tracking function
>>> on. A text version pasted below.
>>>
>>> Milton L. Mueller
>>> Professor, Syracuse University School of Information Studies
>>> XS4ALL Professor, Technology University of Delft
>>>
>>> ====
>>>
>>> Comments of the Noncommercial Stakeholders
>>>
>>> The Noncommercial Users Constituency and Noncommercial Stakeholders Group
>>> (NCSG) represent nearly 200 nonprofit organizations, public interest
>>> advocacy groups, educators, researchers, philanthropic organizations and
>>> individuals.
>>>
>>> NCUC and NCSG believe that ICANN has a very simple choice to make in its
>>> handling of the .xxx domain.  The board can accept the fact that ICANN made
>>> serious mistakes in its handling of the matter and then make a good faith
>>> effort to rectify those mistakes - or it can refuse to do so. That is all
>>> there is to this decision. The complicated "process options" offered by the
>>> general counsel are distractions. Either ICANN accepts the determination of
>>> the independent review panel and creates the .xxx domain, or it doesn't.
>>> Those are the only "options" of relevance to the community.
>>>
>>> Noncommercial users believe that the board should accept the decision of
>>> its independent review panel and prepare to add .xxx to the root. Anything
>>> less will raise serious doubts about ICANN's accountability mechanisms and
>>> will undermine the legitimacy of the corporation and its processes. The
>>> contract offered to ICM Registry should be based on the same template as
>>> that offered to .mobi, .jobs and other contemporaneous applicants for
>>> sponsored TLDs.
>>>
>>> Noncommercial stakeholders are deeply interested in the outcome of the
>>> .xxx application for two reasons.
>>> 1)      As supporters of improved accountability for ICANN, we would be
>>> deeply concerned by a Board decision that ignored ICANN's own Independent
>>> Review process. The IRP is one of ICANN's few external accountability
>>> mechanisms. The .xxx case was the first test of that process. A group of
>>> distinguished and neutral panelists reviewed the record of this case in
>>> extensive detail, and decided against ICANN. A Board decision that ignores
>>> or circumvents the IRP decision would seriously undermine ICANN's
>>> credibility and raise fundamental questions about its accountability
>>> mechanisms. We also feel that refusal to comply with the IRP will encourage
>>> dispute settlement through litigation in national courts, which is not in
>>> the interests of ICANN or its global community.
>>> 2)      ICANN's decision has important implications for Internet freedom
>>> of expression. While a .xxx domain is undeniably controversial, ICANN must
>>> guard against becoming a tool of those who wish to discourage or censor
>>> certain kinds of legal content. A TLD string to should not be rejected
>>> simply because some people or some governments object to the types of
>>> content that might be associated with it. ICANN's mandate to coordinate top
>>> level domain names cannot and should not become a mechanism for content
>>> regulation or censorship.
>>>
>>> To conclude, we ask the Board to look past the noise that will surely be
>>> generated by any public discussion that touches on pornography. This public
>>> comment period should not be a poll assessing the popularity of the .xxx
>>> domain. The board must focus exclusively on compliance with its own appeals
>>> process and strive to maintain ICANN's integrity.
>>>
>>
>>
>



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