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Dispute Resolution Procedures Art. 2(e)(i)-(iv)

  • To: 5gtld-procedures@xxxxxxxxx
  • Subject: Dispute Resolution Procedures Art. 2(e)(i)-(iv)
  • From: David Simon <dsimon@xxxxxxxxxxxxxxxxxxxxx>
  • Date: Tue, 11 Jan 2011 22:05:35 -0500

I am writing to express my concern for the lack of an explicit choice of law
provision for the "objections" allowed under the new gTLD policy (Dispute
Resolution Procedures Art. 2(e)(ii)-(iii)). I have found (in a forthcoming
study) that the lack of a specific choice of law provision in the UDRP has
caused inconsistent application and the skewing of results in favor of
respondents with certain nationalities. I am also concerned with Dispute
Resolution Procedures Art. 2(e)(i) and (iv) because they provide rights to
people without any legal basis for doing so. These provisions have the
potential to restrict speech on the internet without sufficient
justification.

Thank you.

David A. Simon, J.D.
LL.M. Candidate, Harvard Law School
Teaching Fellow, Harvard College, Department of Government
T: 847.208.3613
E: davidalansimon@xxxxxxxxx
2d E: dsimon@xxxxxxxxxxxxxxxxxxxxx


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