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[vote01] Re: VOTE-1999073020 -- FWD from David Johnson
| From DJohnson@Wilmer.COM Mon Aug 2 07:38 MET 1999
| From: "Johnson, David" <DJohnson@Wilmer.COM>
| To: "'DNSO Listadmin'" <DNSO.Listadmin@dnso.org>
| Subject: RE: [ga] Vote for WG-A Final Report
| Date: Mon, 2 Aug 1999 01:36:53 -0400
| MIME-Version: 1.0
|
|
|
| -----Original Message-----
| From: DNSO Listadmin [mailto:DNSO.Listadmin@dnso.org]
| Sent: Friday, July 30, 1999 2:17 PM
| To: council@dnso.org
| Cc: announce@dnso.org; ga@dnso.org
| Subject: [ga] Vote for WG-A Final Report
|
|
|
| Dear Council,
|
| You are requested to vote for the WG-A Final Report.
|
| Your vote (reply to the individual email you will receive shortly
| after this one) should arrive to the dnso.org site:
| August 2, 06 a.m. Pacific Time US
| August 2, 09 a.m. Eastern Time US
| August 2, 15:00 Central European Time
| August 2, 22:00 Singapore Time
|
| The vote is publicly archived, and may be seen at:
| http://www.dnso.org/votes/vote01/Archives/
|
| Please do not add CC to any list when voting.
|
| The text of ballot is:
| -------------------------------------------------
| In relation with Article VI-B 2. d of ICANN Bylaws I consider that
|
|
| [x] WG-A has produced a set of recommendations that
| shall be forwarded to the Board of Directors
| as a community consensus recommendation
|
| [ ] WG-A has produced a set of recommendations that
| shall NOT be forwarded to the Board of Directors
| as community consensus recommendations
|
| [ ] WG-A has produced a set of recommendations, among
| which only the following shall be forwarded
| as community consensus recommendations:
|
| [ ] 1
| [ ] 2
| [ ] 3
| [ ] 4
| [ ] 5
|
| Please note that you can provide a dissenting opinion in case the
| recommenations are forwarded as such to the BoD despite your vote
| to the contrary. These opinions will be attached to the report.
| ------------
|
| commentary:
|
| 1) Procedural Problems. There is no way to determine whether the
| recommendations presented here from WG-A represent a "community consensus
| recommendation" without at least significant input from the General
| Assembly. Although the gTLD constituency has voted affirmatively, and
| supports the proposal in general, this procedural lapse is significant.
|
|
| 2) Partial Dissention. The gTLD constituency agrees in general that
| the recommendations of Chapter 3 and Annex IV & V of the WIPO report of
| April 1999 should be implemented as soon as possible ( Recommendation #1.),
| in a generally uniform manner across the current global TLDs (
| Recommendation #2). We agree that uniformity should involve the scope of the
| dispute, the timing and procedures involved, and the remedies provided
| (Recommendation #3). We further agree that the initial scope should be
| limited to "abusive recommendations" as defined by the WIPO report
| (Recommendation #4). Finally, WIPO should be encouraged to provide further
| expertise ( Recommendation #5).
|
| We dissent and therefore disagree that any administrative dispute
| resolution (ADR) process should be mandated directly from ICANN upon any or
| all registrars, but should flow from the contractual obligations between
| registry and registrar. No process should be mandated by any entity, ICANN
| or registry, until those registrars who contractually bind their registrants
| to the process are legally satisfied with the procedures involved, and have
| given adequate notice to their registrants. ICANN will not incur any
| liability if these procedures are unfair, improperly implemented or
| inadequately staffed (Recommendation #1). Further, such ADR procedures,
| while uniform in most aspects, should allow for variance in fees, payment,
| panel providers, and involvement of the registrars, to the extend such
| registrar is willing to accept the possibility in the process. ICANN should
| not be called upon to establish a process for panel providers but leave it
| to the private sector (Recommendations #2 and #3). As clearly enumerated in
| Recommendation #4, substantial procedural problems remain to be addressed by
| the industry of registrars who will operate with these procedures. To
| proceed too quickly is to risk the failure of the procedures, and to
| destabilize domain name registration. Registrars should be given the time
| to draft and implement a practical ADR process based on real world
| experience with registration.
|
| David R. Johnson
|
|
| TEXT OF THE REPORT AND RECOMENDATIONS:
| http://www.dnso.org/dnso/notes/19990729.WGA-report.html
| -------------------------------------------------
|
|
| Electorate list -- 18 persons
| -----------------------------
| Europe () - Fay Howard fay@ripe.net (ccTLDC)
| Africa (.gh) - Nii Quaynor quaynor@ghana.com (ccTLDC)
| AsiaPac (.nu) - Bill Semich bill@mail.nic.nu (ccTLDC)
| NorthA (.us) - Jon Englund jenglund@itaa.org (Business)
| Europe (.es) - Javier Sola javier@aui.es (Business)
| NorthA (.us) - Theresa Swinehart Theresa.Swinehart@wcom.com (Business)
| NorthA (.us) - Don Telage dont@netsol.com (gTLDC)
| NorthA (.us) - David R. Johnson djohnson@wilmer.com (gTLDC)
| NorthA (.us) - Phil Sbarbaro psbar@hanson-molloy.com (gTLDC)
| LatinAC (.ar) - Tony Harris harris@cabase.org.ar (ISPCPC)
| AsiaPac (.jp) - Hirofumi Hotta h.hotta@hco.ntt.co.jp (ISPCPC)
| Europe (.de) - Michael Schneider sastre@anwalt.de (ISPCPC)
| Europe (.es) - Amadeu Abril i Abril amadeu@nominalia.com (Registrars)
| AsiaPac (.jp) - Richard Lindsay richard@interq.ad.jp (Registrars)
| NorthA (.us) - Ken Stubbs kstubbs@corenic.org (Registrars)
| NorthA (.ca) - Jonathan Cohen drvcarrington@echelon.ca (IPC)
| NorthA (.us) - Caroline Chicoine chicoinc@PeperMartin.com (IPC)
| Europe (.be) - Ted Shapiro Ted_Shapiro@mpaa.org (IPC)
|
| DNSO Secretariat
|