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Theme 6: Legal Considerations

Scorecard items 9, 11

( TO BE ADDED -- PLEASE HELP)

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Regarding the ability of applicants to seek legal redress (Scorecard #9): We understand and appreciate the desire of ICANN to reduce its legal exposure by asking for waivers from legal redress by applicants. However, we note the GAC Scoredcard statement that such requests may be legally difficult. ALAC considers this issue to be more of a legal matter than one of policy, and will not offer an opinion on it.

Regarding the role of law enforcement in the due dilligence evaluation of applicants (Scorecard #11): ALAC generally supports the GAC position on this issue. Public confidence requires that the criminal background of applicants should be a factor in TLD evaluation, especially in the case of sensitive strings that connote services of communities requiring enhanced trust (ie, medical and financial services). We absolutely endorse the requirement (and ongoing auditing) of accurate WHOIS data for all registrants, as well as the request for transparency and public availability of the due diligence process.

Our only substantive disagreement with the GAC proposal is with two words; the singling out of drug crimes. A misdemeanor conviction of drug possession should not, for example, eliminate suitability in an application. We are far more concerned with crimes that, by their definition, harm others such as fraud, harrassment, identity theft or crimes of violence.

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Proposal by Alan Greenberg:

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