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RE: [wg-review] Voting Rights


|>-----Original Message-----
|>From: On Behalf Of Kent Crispin
|>Sent: Wednesday, February 07, 2001 6:18 AM
|>Subject: Re: [wg-review] Voting Rights
|>
|>Sorry, you have it backwards.  In any democracy, those who 
|>are governed are the ones who should vote -- we have other names for systems where
|>you are governed but don't get a vote.  Those in contractual
|>relationships with ICANN are the ONLY ones directly 
|>"governed" by ICANN, therefore, there is a strong argument that they are the only ones who
|>should have a vote.  The difficult argument is how to justify anyone else having a vote.

There would be an argument regarding contractual obligations.  The ccTLD's and others as you mention are entering into contractual arrangements with ICANN.  ICANN is dictating what contractual obligations they impose on their clients, ie agreement to the UDRP etc.  This creates an ongoing contractual obligation directly from ICANN to domain/IP end users.  There is also the argument that any contractual obligations imposed by ICANN and their partners impact directly on the end users.  Not being in the legal profession, I am not sure of the actual legal standing for such arrangements but seem to recall similar arguments being used to establish direct relationships under law in other cases I have heard about.

But that is all legal, what we want to establish are not only legal but moral rights.

Darryl (Dassa) Lynch.

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