[vote01] RE: VOTE-1999073020

["Chicoine, Caroline" <chicoinc@PeperMartin.com>]

-----Original Message-----
From: vote01@dnso.org [mailto:vote01@dnso.org]
Sent: Friday, July 30, 1999 1:36 PM
To: chicoinc@PeperMartin.com
Subject: VOTE-1999073020


Vote Subject:  WG-A
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In relation with Article VI-B 2. d of ICANN Bylaws I consider that


[ ] 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:

        [x] 1
        [x] 2
        [x] 3
        [x] 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.

TEXT OF THE REPORT AND RECOMENDATIONS:
     http://www.dnso.org/dnso/notes/19990729.WGA-report.html
-------------------------------------------------
.
Dissent

To begin with, the voter wishes to make clear that her votes were made
with the inderstanding that the references to the term "arbitratration"
were meant to refer to "administrative dispute resolution procedure" as
set forth in the WIPO final report.

With respect to recommendation number 4, while the voter believes there
is community consensus that the UDRP should apply only to
bad-faith/absuive domain name registrations (cybersquatting) on a
mandatory basis, she does not believe there is community consensus that
it should be expanded or that there be a deadline by which such
expansion should take place (see WGA comment archived).  It is
recommended that this issue be referred back to WIPO and/or a working
group for further consideration.

With respect to the comments and section a-e, the voter wishes to
empphasize that there is community consensus that despite these comments
and concerns, implementation of the WIPO fina report shall not be
delayed.  In other words, consideation of these comments and concerns by
WIPO and/or an additional working group and inplemention of the WIPO
fonal report woith respect to dispute resolution should proceed
concurrently.

With respect to recommendation 5, the voter believes there is community
consensus that UDRP be available on a vlountary basis for disputes
outside of bad-aith/abusive domain anme registrations, but not with
respect to the recommended timeframe for the implementation of same.