Hi Bill, It would be an honour for my committee to arrange one such! best, Alex On Sun, Nov 8, 2009 at 10:38 PM, William Drake <[log in to unmask]> wrote: > 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 > *********************************************************** > > >