Introduction of Freedom of Expression Topic on SubPro IRT

[Pedro de Perdigão Lana]

Hi Juan and all,

Sorry for the late comment.

Considering this would be closely related to other intellectual property
issues we have on the DNS, and that rightsholders' exclusive rights tend to
be interpreted extensively in this field (the "internationally recognized
principles of law" part is particularly worrying), do we already have the
texts of those other sections of the AGB mentioned in this excerpt,
especially the LPI, dispute resolution, and restrictions? A look at those
may be fundamental for checking potential risks.

Cordially,

*Pedro de Perdigão Lana*
Lawyer <https://www.sistemafiep.org.br/>, GEDAI/UFPR
<https://www.gedai.com.br/> Researcher
PhD Candidate (UFPR), LLM in Business Law (UCoimbra)
Board Member @ CC Brasil <https://br.creativecommons.net/>, ISOC BR
<https://isoc.org.br/> and IODA <https://ioda.org.br/>
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Em qua., 26 de jul. de 2023 às 09:02, James Olorundare <
olorundarek at gmail.com> escreveu:

> Dear Team,
>
> I have a few comments viz:
>
> * Clarity and Precision:* The extract should be clear and precise in the
> language in order to prevent misinterpretation and ambiguity, especially
> during the evaluation and objection process. It should be reviewed to
> ensure that it conveys the intended meaning accurately.
>
>
>
> *Inclusion of Specific Legal References:* specifically on
>  "internationally recognized principles of law," it would be beneficial to
> specify which principles are being referred to and provide appropriate
> legal references for transparency and consistency.
>
>
>
> *Linking to Detailed Sections:* The paragraph references other sections
> within the AGB (Applicant Guidebook), and it is crucial to ensure that the
> hyperlinks are accurate and lead to the relevant sections for easy access
> and comprehension.
>
>
> Above for your information, please.
>
>
> Kind regards.
>
>
> *Engr. Kunle Olorundare, SMIEEE*
>
> *Acting President, Internet Society Nigeria Chapter /*
>
> *Coordinator, Nigerian School on Internet Governance.*
>
> *Mobile:+2348036551591*
>
> URL:https://2023.sig.ng/team/
>
> URL:
> https://isoc.ng/about/executive-council/acting-president-kunle-olorundare/
>
> On Tue, Jul 25, 2023 at 1:13 AM Juan Manuel Rojas <
> 0000048934d5d033-dmarc-request at listserv.syr.edu> wrote:
>
>> Dear all,
>> As you already know some of us are working as a part of SubPro IRT,
>> currently the WG is discussing about Predictability and for our next
>> meeting (tomorrow 25th at 20 UTC) the Freedom of Expression is being
>> introduced. As a team we would like to know what are your concerns with the
>> writing of the following paragraph, having into account that is a Draft to
>> start the discussion,:
>>
>> "
>> Applicant Freedom of Expression - proposed AGB text
>> DRAFT AGB TEXT START
>>
>> "ICANN respects the freedom of expression rights of applicants that are
>> protected under internationally recognized principles of law. Applicants
>> can apply for any available gTLD other than those restricted based on
>> technical standards, pre-established reserved name lists, and other
>> restrictions detailed in the AGB. Applicants should be mindful of
>> limitations to free expression [hyperlink to LPI section] when submitting
>> an application as detailed in the AGB. Applications are subject to an
>> evaluation and objection process [hyperlink] as described in the AGB and
>> will be unsuccessful should an applied-for string be found to violate
>> applicable laws or other rights and requirements specified in the AGB.
>> The evaluation of applications, including decisions on objections, will be
>> performed by independent third party vendors who will take into account
>> freedom of expression considerations together with other relevant factors.
>> Please see the relevant sections of this guidebook for more information on
>> the evaluation [hyperlink] and dispute resolution process. [hyperlink]."
>>
>> Excuse the timing but that draft was sent out until today. We will be
>> waiting your observations at this topic.
>>
>> *JUAN MANUEL ROJAS P.*
>> Director - MINKA DIGITAL Colombia
>> NPOC Policy Chair - NCSG/GNSO
>> Founding member - ISOC Colombia
>> Master IT candidate, UNAD
>> Registered Linux User No.*533108.*
>>
>>
>> *Cel. +57 301 743 56 00Instagram/Twitter: @JmanuRojas
>> <http://www.twitter.com/jmanurojas>*
>>
>>
>>
>>
>>
>>
>>
>
>
> --
> Kunle Olorundare (MNSE, PRINCE2)
> +2348036551591
>
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