Re: [council] The new UDRP task force

["Milton Mueller" <Mueller@syr.edu>]

I think Philip has got it right here. 

There has to be a bootstrap process. The ToR committee served
that purpose. The only mistake we made, IMHO, was not to
invite a GA member to serve on that committee. Next time we will.

The questionnaire is indeed designed to be the vehicle for widespread
public input; it was the compromise I accepted in place of a working group. 
Let's see how well it works.

As I commented during the last NC meeting, I support the proposed
TF as the mechanism for moving forward, but recognize that 
a lot of the problems we are having are caused by the fact that we are 
making up our procedures anew every time we do something. This makes 
it difficult for participants' expectations to converge and for trust and
productive working relationships to develop. 

It is my hope that that problem will also be fixed over time. 

>>> "Philip Sheppard" <philip.sheppard@aim.be> 07/03/01 09:01AM >>>
Discussion on the GA has raised some questions about outreach with respect to the implementation of the UDRP section of the NC business plan. I have been in discussion with the chair of the UDRP interim committee and would like to make the following clarifications.

A public comment period as required by the bylaws is met by the current UDRP Review Terms of Reference.  The questionnaire is the vehicle for public comment.  The Task Force will simply compile the information it receives from the results of the questionnaire into its
report.  To the extent that any areas of reform are identified, the actual mechanism for implementation will be subject to a second phase of the UDRP Review during which time there will be an opportunity for public comment (likely in the form of a working group).  

The questionnaire approach is being used as a fact finding mission. Based on past experience it is unlikely that a working group is the right venue for such a mission.  

Many issues for discussion on the UDRP are technical and must include representatives and experts in the UDRP field.  The proposed UDRP task force has identified those individuals and experts that the interim committee believe either directly or indirectly have a role in the UDRP.  If you feel that any party is omitted please let us know.  

It is difficult to see what the purpose of a second public comment period would be except to say that the Task Force got it wrong. There are checks and balances to ensure this does not happen (i.e. if the Task Force goes in contradiction to public comment, (1) it will be of public record, (2) the NC should not approve the report, and (3)ICANN should not approve the
report.)

With respect to concerns about additional representation on the Task Force by the GA, things need to be practicable. The Task Force must be manageable so it can get things done.  There is nothing to ban each representative from getting the input of the views he or she represents, indeed that is their duty.


Philip Sheppard
NC Chair