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Re: [IFWP] CORE (ICANN) dispute resolution policy
- To: list@ifwp.org, ICANN Comments <Comments@icann.org>
- Subject: Re: [IFWP] CORE (ICANN) dispute resolution policy
- From: "Brian C. Hollingsworth" <bholling@ix.netcom.com>
- Date: Mon, 02 Aug 1999 23:40:13 +0100
- Organization: IHOJ - International House of Justice, Sr. Legal Advisor
- References: <4.0.1.19990802171853.023e2bd0@pop.clear.net.nz> <37A68656.4FD966@iciiu.org>
Mr. Sondow and Everyone,
It is rather doubtful that any EU court would acknowledge this agreement to
which you mention, should it be directly challenged. The IHOJ's recommendation
is widely respected and excepted in the EU currently. That recommendation
is decidedly in disagreement with this "Agreement" to which you speak.
Michael Sondow wrote:
> Joop Teernstra wrote:
> >
> > The real potential for injustice lies with the re-registrations.
>
> That's right, and it's got me and a lot of others pretty worried. I
> consulted with a lawyer (two, actually) about it, and was told not
> to sign it, that it's dangerous and unconstitutional. It needs to be
> contested in court, and the sooner the better.
>
> > The whole thing reminds me of the "Capitulations" legislation designed to
> > exempt Europeans from Ottoman jurisdiction in 19th and early 20th century
> > Egypt.
> > The ordinary Egyptian in conflict with a European had to contend with the
> > European's consular jurisdiction. No choice.
> > Did he agree?
>
> Well, this isn't Egypt, and it isn't the bloody British Empire
> either. I don't recognize the authority of the CORE registrars, or
> anyone else for that matter, to apply rules and laws to me and my
> communications that haven't been voted on by a legislature. They're
> not going to get away with it.
>
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Regards,
--
Brian C. Hollingsworth
Sr. Legal Advisor, International House of Justice Internet
Communications Affairs and Policy
Advisory council for Public Affairs and Internet Policy, European
Union