This is my own personal view. Innacuracies and bias are my own fault. I'd like to thank Stephen, for calling the meeting and providing the facilities and his own (robust!) input. I missed some of the input from Clive Florey and Michael Malone because of audio breakup and innattention on my part (!) for which I'm really sorry. I hope others pike up with their take on things as well. cheers -George -- George Michaelson | DSTC Pty Ltd Email: ggm§dstc.edu.au | University of Qld 4072 Phone: +61 7 3365 4310 | Australia Fax: +61 7 3365 4311 | http://www.dstc.edu.au --------------------------------------------------------------- Attendees (* == going to Singapore) ========= Melbourne Richard Cousins * Robert Elz * Clive Florey * Kate Lance * Leni Mayo Sydney Stephen Thompson * Paul Twomey Perth Michael Malone Brisbane George Michaelson * Paul Wilson Agenda ====== 1) issues of concern for .AU people US location: 501(c) and US laws and implication for operation esp. appeals processes 2) issues relating to the deadline 3) funding 4) Australian representation on bodies in IANA 5) US incorperation issues 6) due process for input by bodies/corporates eg ASX 1) Issues of concern in .AU context The discussion centered on two issues. Dispute Resolution, and access to appropriate law, and the implications of US incorporation. [ST] noted extreme concerns that Australian businesses would find operating under US law intolerable for settlement of dispute relating to onshore operation. US incorperation seems to mean US laws. concern about appellate and legal process needing to recognize AU law. [LM] noted WIPO process using jurisdiction of registry,claimant, holder, etc to determine locale. in prior work by gTLD/CORE. Suggestion that IANA be asked to note the WIPO process and include an explicit arbitration/appeals process in articles. [PT] noted the Administrative Appeals Tribunal work in this area, and suggested that a review of 4-5 common elements in different countries would converge on a suitable model, which should be included. [RC] separate US incorporation under 501(c) from jurisdiction of application in any appeal proces. ie Accept US incorporation for now. Demand internationally acceptable processes for operation. 2) The September 30 deadline. Its going to happen. we need to look to post-incorperation changes for major alteration. Need to ensure structure permits change. Some feeling the proposals are broadly right. [PT] expressed concern regarding requirement for explicit government input and participation eg via countrycode/policy body, lack of appeals process, and lack of recognition of ITU and other bodies in process. 3) Funding. We discussed funding. It was clear US-only funding was not an appropriate model. Some initial seed funding will be required which could come from a range of sources worldwide. The $50m infrastructure fund was discussed, in the context of including non-US contributions. Some aspects of IANAs work include activities we don't want to incur charges, in the context of any user-pays operational requirement. 4) Australian participation/Representation in process. We want .AU reps. On merit, to defuse regional politics about where AU is coming from. We have good arguments for having skills etc. Note that a 4th supporting org. is likely: policy from CCtld government and ITU type bodies. Strong argument for input there. 5) US incorporation Issues (discussed under 1 in the main.) some notice that financial dependency on US sources predicates US 'ownership' of policy outcomes which has to be avoided. Suggestion that like for operational legal process, separate 501(c) incorporation from final model of financial structure, and ensure global input. 6) Process for input by bodies/corporates eg ASX Need NOIE to facilitate onshore .AU governance to achieve a body which is representative. Need to include bodies like ASX and Consumers Assoc. who are genuinely representative of real users, not providers (poacher-gamekeeper prob.) ASX to provide conferencing for meetings? useful. Need to ensure there is a way for concerns to be voiced. [PT] conference call attendees. Ensure some common purpose at Singapore meeting [general] thanks to ASX for providing facilities. This is good. We need to talk more.Received on Fri Aug 07 1998 - 13:14:19 UTC
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