Re: [ga] Time to regulate the Re-Sellers

[Sandy Harris <sandy@storm.ca>]

"Gomes, Chuck" wrote:
> 
> It seems to me that there is a principle that could reasonably be
> applied here:  If there are already mechanisms in place with
> various jurisdictions around the world to deal with particular
> issues, then it is unnecessary for
> ICANN to duplicate the associated functions.  

I agree.

> For example, I believe that most jurisdictions have anti-trust
> laws and agencies to enforce those, so it
> is unnecessary for ICANN to get involved in anti-trust issues.  
Yes.

Of course, most juristictions also have trademark laws and
enforcement mechanisims for them. I'd therefore say we should
scrap at least the trademark-related parts of the UDRP. 

I expect to hear a chorus of agreement on that point. However,
what would be interesting would be to hear some of those who
disagree explain why trademark is an exception to Chuck's
Priciple.

> Similarly, I believe that there are consumer protection mechanisms
> already in place in
> most major regions of the world, so it is unnecessary for ICANN to get
> involved in consumer protection.

Yes. 

However, we do need to be careful that the interests of Internet
users are well represented in the ICANN process. ICANN is
supposed to be for the "public benefit". That's different from
getting involved in consumer protection, but there is overlap.
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