Re: [ga] Thoughts/question on the WLS

[Bret Fausett <fausett@lextext.com>]

Thomas Roessler wrote:
> Nobody could disagree with this.  As I said before, WLS has some
> aspects which may best be dealt with in court, and some aspects
> which can _only_ be dealt with within the ICANN process...

That's just right! What I'm trying to articulate -- and I'm doing a fair
amount of thinking out loud here -- is a decision-making philosophy for
ICANN by which ICANN looks to defer a decision to another forum/arbiter
whenever possible. It decides only those matters that only it can decide.

This might mean making a determination as to whether the WLS created
instability for the .com TLD or the Internet as a whole. It might mean
examining other technical issues associated with the implementation of WLS.

But if the registrars had a remedy at law for a registry's anticompetitive
behavior, then ICANN would intentionally pass on that issue, taking care to
preserve everyone's legal rights so they could be pursued elsewhere.

Of course, if ICANN had adopted such a decision-making philosophy from the
beginning, we never would have had the UDRP. But it's easy to grant the UDRP
a special grandfather status in a reformed ICANN and look to narrow ICANN's
mission for the future to those matters that only it can deal with
effectively.

    -- Bret





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