[AfrICANN-discuss] WCIT.In Conclusion

Nigel Roberts nigel at channelisles.net
Sun Dec 16 16:48:10 SAST 2012

It depends on the context.

Clearly GAC doesn't even have legal personality let alone formally be a public authority. Iinteresting what the situation might be if it was collectively to commit accidentally a tort. (Governments do this all the time so don't say it's unlikely).

But for those GAC members who represent member states of the Council of Europe ... They DO in a legal sense act as a public authority inside GAC just in the same way that the private company G4S is a public authority when it keeps people in detention in England.

Uncharted legal territory. Who has the map?

Nigel Roberts LLB

Sent from my iPad

On Dec 16, 2012, at 2:21 PM, McTim <dogwallah at gmail.com> wrote:

> On Sun, Dec 16, 2012 at 8:47 AM, Y Mshana2003 <ymshana2003 at gmail.com> wrote:
>> Excuse me...who sits in GAC? If Not from Governments then we are talking
>> about different things here...
> Yes, governmental folks sit in the GAC, but it is NOT a "public authority".
> The answer to your query to Dr. Nii is still the same:
> "An applied-for gTLD string that falls into any of 1 through 4 listed
> above is considered to represent a geographic name. In the event of
> any doubt, it is in the applicant’s interest to consult with relevant
> governments and public authorities and enlist their support or
> non-objection prior to submission of the application, in order to
> preclude possible objections and pre-address any ambiguities
> concerning the string and applicable requirements."
> -- 
> Cheers,
> McTim
> "A name indicates what we seek. An address indicates where it is. A
> route indicates how we get there."  Jon Postel
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