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bgcolor="#FFFFFF" text="#333333"><div style="font-size:
14pt;font-family: Helvetica Neue;"><span style="font-family: Helvetica
Neue;">Hi John, <br><br></span><br><span>John R. Levine wrote:</span><br><blockquote
cite="mid:alpine.OSX.2.11.1512152245130.14584@ary.lan" type="cite"><blockquote
type="cite">The thing to get our heads around is not that ICANN
complies or not with
any of the myriad of laws around the world but that it feels entitled to
issue "waivers" as if it has any geo political legal standing on laws.
<br></blockquote>
<br>That seriously misrepresents what's going on.
<br>
<br>ICANN operates under US law, and all of the registrars sign the same
agreement. The agreement is entirely compliant with US law, but laws in
other countries are different and sometimes contract provisions that are
legal in one country are not in another. This is not something unique
to
ICANN or to US law.
<br>
<br>So the waivers are the way that ICANN reconciles the inevitable
conflicts
between the terms in a complex contract and varying local laws. If the
contracts were changed to reflect, say, French law, you'd still need
waivers for registrars outside Europe, the'd just be different ones.
<br>
<br>R's,
<br>John
<br></blockquote><span style="font-family: Helvetica Neue;"><br>That is
probably how ICANN lawyers would like to portray this. <br>
<br>
Roberto and Christopher both go into some detail on contract ready (or
nearly ready) fixes
appropriate to the international sphere ICANN operates in. Maybe my
patience is thin. But as I see it ICANN has had 17 years to focus on
what it is supposed to be doing. Yet it is still fixated on imposing
terms that are neither legally required in US and in cases even illegal
elsewhere. <br>
<br>
In other words whether deliberately or not, ICANN is using contracts and
grudging individual waivers beyond scope with the effect it raises the
bar of effort and costs required in areas that might erode its business
and political ambitions well beyond its supposed limited
technical responsibilities. </span><br><br>
<br>C<br>
<div class="moz-signature">-- <br>Christian de Larrinaga <br>
-------------------------<br>
<br>
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