The "Complete Defense" clause must be removed
- To: 3gtld-guide@xxxxxxxxx
- Subject: The "Complete Defense" clause must be removed
- From: Werner Staub <werner@xxxxxxxx>
- Date: Sun, 22 Nov 2009 22:47:43 +0100
Even though the "complete defense" clause at the end for "3.4.4
Community Objection" is now slightly qualified, it is still both
dangerous and unjustified.
Most communities have more than one established representative
institution. One representative institution, while serving the
interests of its own constituents within the community, can be
oblivious to concerns of other community members.
For example, it could happen that a given national banking association
applies for a ".bank" TLD based on a plan that would suit its own
constituents, but would cause problems to banks in other countries or
regions. As a result of the "complete defense" clause, the other
banking associations would not be able to use the objection process.
One might argue that "complete defense" clause attempts to minimize the
number of objection proceedings. In actual fact, it only displaces
objections so that they would have to be dealt with in front of the
ICANN board. It also causes opposition to the entire gTLD process.
Overall, the availability of an objection proceeding is precisely what
helps avoid objections. Community-based applicants will resolve
potential objections before applying.