Re: [wg-c] I/O Design Initiates Legal Proceedings against CORE

["Kevin J. Connolly" <CONNOLLK@rspab.com>]

>>> Milton Mueller <mueller@syr.edu> 07/21/99 12:43PM >>> wrote:

>The WIPO dispute resolution process is entirely meaningless 
>unless ICANN forces people into it contractually through its 
>registrar accreditation contract.
>
>Let's try to stay on topic: if ICANN can do this for SLDs, why 
>can't it do it for TLDs?

What in the name of Harry's green backside is going on here?

When was this Working Group . . . or ANY Working Group . . . 
charged with developing or recognizing a dispute resolution
procedure/policy for TOP level domains?  Any such policy
would be pregnant with the proposition that gTLDs, once delegated
to a registry, are subject to divestiture at the instance of another, 
prospective registry owner/operator.  I believe that this conclusion 
is the reductio ad absurdum of developing a dispute resolution policy 
for gTLDs.

The ability of ICANN to divest a registry is an interesting topic, one
which might be addressed as part of the work of WG-C-3 (but only
if the Charter is appropriately amended), but ultimately is a digression
from the work at hand:  should there be new gTLDs?  If so, should
we recommend particular gTLDs to ICANN or propose a mechanism
whereby particular gTLD's will go through an approval process?  The
matter of divesting a TLD should not, in any event, be viewed as a 
species of dispute resolution.  ICANN should (and likely will) be free
to divest registries for its own good reasons (incompetence and
corruption being the most obvious) and should provide some measure
of due process protection for the registry "owner/operator" before
it determines to cut off a TLD registry on those or other grounds.

But these interesting topics are not on the plate of this WG.

Indeed, let us stay on topic.



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