Re: [cctld-discuss] ccNSO membership applications.

[Nigel Roberts <nigel@isles.net>]

Which lawyer drafted the Agreement??

The problem is really the short timescale. This application form is currently 
now being vetted by our lawyers. The more so as your proposal has been written 
by *ICANN* staff not the ccNSO LG.

It seems almost unthinkable that we can get a Counsel's Opinion in the time 
between when it was posted and the deadline for applications in 3 days time.

Therefore less haste would appear to be the order of the day to avoid a 
perception of railroading a particular form.



Nigel


Patricio Poblete wrote:

> On Mon, Sep 01, 2003 at 09:34:30AM +0100, Nigel Roberts wrote:
> 
>>Read the application form.
>>
>>It commits you to follow **ICANN** By Laws as well as the membership rules 
>>of the ccNSO.
>>
>>This means that in legal terms (I am advised by lawyers) the application 
>>form as written means you cede authority (of a greater or lesser extent) to 
>>ICANN by formal agreement with consideration (the fees you pay to ICANN).
> 
> 
> Dear Nigel,
> 
> The language in the application form is taken from the bylaws
> (Article IX, Section 4, Paragraph 2(c)), and it was the result
> of very long discussions among us, where we tried to balance
> the commitment you make when joining the ccNSO, with as many
> protections people felt were necessary. So, while it is true
> that you agree to follow ICANN bylaws as they apply to ccTLDs
> (i.e. Article IX and the relevant Anexes), there is a process
> that ensuresw that any global policy that is approved will need
> to have the strong support of the members, and even then, local
> law prevails. Furthermore, you can be exempted of having to follow
> it by a variety of reasons, and if eveything else fails, youi
> can always leave.
> 
> I hope this helps.
> 
> Patricio
>