I would agree with Milton here. The morality and public order
issue is something that we don’t want to touch and we certainly don’t want to
be the first ones to make reference between the .xxx and issues of morality and
public order. When the .xxx was shut down by ICANN it was based on morality and
public order, a justification that appeared to be enough to disregard a wide
range of other important issues that should have allowed the addition of the
.xxx domain into the Root. So for me, the .xxx has nothing to do with morality
and public order and – as already said – this issue should not even constitute
part of the new gTLD objection process.
My two cents
KK
Dr.
Konstantinos Komaitis,
Law
Lecturer,
University
of Strathclyde,
The Law
School,
The Lord
Hope Building,
141 St.
James Road,
Glasgow, G4
0LT
UK
tel: +44
(0)141 548 4306
http://www.routledgemedia.com/books/The-Current-State-of-Domain-Name-Regulation-isbn9780415477765
Selected
publications: http://hq.ssrn.com/submissions/MyPapers.cfm?partid=501038
Website:
http://domainnamelaw.ning.com/
From:
Non-Commercial User Constituency [mailto:[log in to unmask]] On
Behalf Of Mary Wong
Sent: Tuesday, May 04, 2010 9:45 PM
To: [log in to unmask]
Subject: Re: Proposed NCUC/NCSG comment on the ICM Registry case
Yes, that was my
intention (apologies if it wasn't clear).
How about changing
the sentence at issue, so as to read: "The Board's action with respect to
the IRP decision could be significant in potentially
influencing future decisions involving morality and public order
objections to new top level domains".
I also was not
suggesting we ought not to be proud of advocating civil liberties and free
speech protections; merely that from a drafting perspective I don't want
readers who may skim over comments such as ours to do the "eye
rolling" when they see the original phrase heading up that paragraph, such
as to miss the main points following.
Cheers
Mary
Mary W
S Wong
Professor of Law
& Chair, Graduate IP Programs
Franklin Pierce Law
Center
Two White Street
Concord, NH 03301
USA
Email: [log in to unmask]
Phone:
1-603-513-5143
Selected
writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584
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