Hi Alex, Looks interesting. Perhaps something similar with Kenyan CS plus international colleagues could be organized for before the ICANN meeting? Cheers, Bill On Nov 8, 2009, at 7:24 PM, Alex Gakuru wrote: > Dear Konstantinos, > > Your below comments were very useful. Our team of lawyers have taken > note of them. > > thanks much. > > Dear all, > > As I mentioned to some colleagues at Seoul, next week we are hosting > http://ict4all.or.ke/ > > Para. 2 home page - content being collaboratively developed by the > Civil Society organizing committee accuses absent broad stakeholders > (especially Rights) organisations on local and international ICT > agenda-setting. . > > While the thrust of the convening is a focus on draft regulations, we > shall have other topics, such as, IPv6, community networks, and > Civil Society participation at ICANN and IGF are on our agenda. We'd > appreciate the Chair's Constituency message that can be publish at our > brand new webpage (just got published this morning). > > Wish us well? > > best wishes, > > > Alex > > On Tue, Oct 13, 2009 at 12:36 PM, Konstantinos Komaitis > <[log in to unmask]> wrote: >> Dear Alex, >> >> You have certainly every reason to be worrying about paragraph 20 >> of the >> Regulations - but I would extend this worry to the whole section. >> According >> to its wording, Registrars are legitimized to proceed to content- >> related and >> apply any other subjective criteria until they manage to 'satisfy >> themselves >> that the name so submitted". This is very dangerous. It gives an >> unprecedented level of discretion to registrars to proceed to >> evaluations >> that fall completely outside their scope. the system can be gamed >> and abused >> easily, mainly by trademark owners but not only. Registrars are not >> authorized legal agents and they should not act accordingly. >> Especially >> since the regulation imposes such harsh penalties, leaving such wide >> discretion to registrars endangers the whole idea behind >> registering domain >> names (innovation, entrepreneurship, etc). In what capacity will >> registrars >> operate and what criteria will they apply in determining "contrary >> to the >> law" and " does not infringe the rights of third parties"? >> >> Finally, the registrar is given too much power being able to revoke >> the name >> at any time and I also find a, b, c, and d highly vague and >> problematic. >> Only courts or an ADR is system - if is applicable and legitimate - >> can >> determine these issues. Not registrars, which they only perform >> technical >> management of the domain names. imagine for instance what would >> happen if >> NSI were to determine whether a domain name is contrary to the law or >> infringes the rights of third parties. it would be dangerous and >> would >> create legal upheaval. >> >> Hope this helps. >> >> KK >> >> >> On 12/10/2009 20:09, "Alex Gakuru" <[log in to unmask]> wrote: >> >>> Colleagues, >>> >>> Below is an excerpt from our draft regulations. I am uncomfortable >>> with 20 (1) c. "does not infringe the rights of third parties;" >>> which >>> I find very generic and prone to abuse by Intellectual Property >>> 'domain name rights' holders compared to "first come first served >>> domain name registrations tradition. Furthermore this would imply >>> imprisonments for such registrars in view of 25 (1) and (2). >>> >>> Would you kindly care to comment for our legal team to take note on >>> our comments to be submitted soon? >>> >>> regards, >>> >>> Alex >>> >>> ----snip--- >>> >>> 20. 1) Registrars shall, before registering >>> any domain name, >>> Obligations of satisfy themselves that the name so >>> submitted: >>> Registrars a. complies with the guidelines >>> issued pursuant >>> to >>> regulation 18; >>> b. is not contrary to the law; >>> c. does not infringe the rights >>> of >>> third parties; >>> d. does not improperly give the >>> impression >>> of >>> pertaining to public >>> administration or the exercise >>> of public powers >>> 2) The Registrant shall be the holder of >>> the registered >>> domain name; provided that the >>> Registrar reserves the >>> right to recall the registered domain >>> name if it is >>> established that the registration was >>> contrary to these >>> Regulations. >>> >>> 21. Liability for the infringement of third party >>> rights and interest >>> Limitation of arising from holding or using a domain name >>> shall >>> be borne by >>> Liability the Registrant. >>> >>> PART IV:MISCELLANEOUS PROVISIONS >>> >>> 25. >>> Offences and (1) Any licensee who contravenes the >>> provisions of this >>> Penalties Regulation commits an offence. >>> >>> (2) Any person who commits an offence under >>> these >>> Regulations shall be liable on conviction >>> to a >>> fine not exceeding >>> three hundred thousand shillings or to >>> imprisonment for a term >>> not exceeding three years or both. >>> <http://www.cck.go.ke/UserFiles/File/E-transactions%20draft%202%20fair%20draft >>> .pdf> >> >> -- >> Dr. Konstantinos Komaitis, >> Lecturer in Law, >> GigaNet Membership Chair, >> University of Strathclyde, >> The Lord Hope Building, >> 141 St. James Road, >> Glasgow, G4 0LT, >> UK >> tel: +44 (0)141 548 4306 >> email: [log in to unmask] >> >> >> *********************************************************** William J. Drake Senior Associate Centre for International Governance Graduate Institute of International and Development Studies Geneva, Switzerland [log in to unmask] www.graduateinstitute.ch/cig/drake.html ***********************************************************