Re: [ga] FTAA treaty to mandate use of ICANN UDRP]

[Eric Dierker <ERIC@HI-TEK.COM>]

Thank you Mr. Love,

First of all a suggestion on your post, I deleted all but the link because the
document you attached was not proper.  It is a well known rule of drafting
treaties that portions still under negotiation remain bracketed. There are
many contradictory requirements that remain bracketed in the same document.
Interesting to note here that ICANNs agreement with the DoC had exactly this
type of problem and matters that should of been negotiated further were
included and/or dropped out.

As for the substance this could work two ways;

1. If these countries buy into this then we will all be eventually better
off.  This is because they will have to get involved in ICANN.  Once they are
really involved within a short time we will have a real BoD. If this type of
forced upon UDRP is used like the current one Countries will not just ignore
the problem.  Then we will have much greater political pressure to correct
ICANN.  (what I would really like to see is this placed into treaties with
China and the EU ;-) This could be the best Outreach we ever had. Keep in mind
it would literally force all ICANN communications at any level be at least in
Spanish and English. They would have to conform the Whois to the privacy laws
of the member states. You cannot force NICs into contracts that violate there
own law.  Think of requiring in a contract an Argentinian government entity
must enter into a contract with a California Corporation. I can hardly wait on
the UDRP for Patagonia!

or
2. It will get dropped altogether from the treaty.

Sincerely,
Eric
James Love wrote:

> -------- Original Message --------
> Subject: [Ecommerce] FTAA proposals on domain names
> Date: Tue, 3 Jul 2001 14:57:26 -0400 (EDT)
> From: Robert Weissman <rob@essential.org>
> To: <ecommerce@essential.org>
>
> The intellectual property section of the Free Trade Area of the Americas
> (FTAA) contains proposals that would obligate countries by law to rely on
> ICANN for domain name dispute resolution. The just released text of the
> FTAA is available at:
>
> http://www.ftaa-alca.org/ftaadraft/eng/draft_e.doc

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