[alac-comments] POSITION FOR ALAC

[Naval Bhatia <navalb@xxxxxxxxxxxxxxxxxxxxxx>]

Sir,
This is in reference to earlier communication sent to me by Learned Mr. 
Denise Michel wherein my consent to become member of Nominating 
committee was not accepted. However I was advised to participate in 
position for ALAC Committee . The  following is the text of 
communication 
?We would like to encourage you to consider the other potential avenues 
to
becoming involved in ICANN, including as:

- a Director on ICANN's Board appointed by the Nominating Committee;
- a member of the GNSO Council appointed by the Nominating Committee;
- an Interim ALAC member appointed by the Nominating Committee;
- an organizer of an At-Large Structure, which will involve individual
Internet users at the local or issue level;
- an organizer, in cooperation with the members of At-Large Structures 
in
your geographic area, of a Regional At-Large Organization, which will 
be the
main forum and coordination point in each region for public input to 
ICANN;
and
- an ongoing participant in the activities of the ALAC and the At-Large
community

Subsequently vide another Email I was advised to send ? STATEMENT OF 
INTEREST? FOR A POSITION AS MEMBER OF ALAC which I am submitting as 
under

?1.I am a practicing lawyer and have been CEO of first Indian portal 
www.waqalatarbitration.com offering online and offline dispute 
resolution. I am well versed with the Internet as well as posses the 
required legal skills to understand the legal implications of the 
policies followed by ICANN. I believe in the ICANN goal that everyone 
who is concerned with the Internet must have an equal say as to how the 
Internet business should be conducted. ICANN has indeed guided the 
entire IP address system, the domain name system and most importantly 
also the Internet Domain Name Dispute Resolution Process. Being a 
practicing lawyer, I am also fully aware of the legal rights and duties 
that are inherent with the system especially those pertaining to IP 
rights and enforceability of these rights. 

However, I belong to a developing country, namely India and there are 
several issues that have remain unanswered in the UDRP policy currently 
followed by ICANN, especially pertaining to the developing 
countries/third world countries/ South Asian Countries. The Domain Name 
system, UDRP etc present a vivid and complex array of technical, 
commercial and legal cross border issues and questions that should be 
addressed on priority basis. Such policy decisions are required 
especially pertaining to ccTLDs, which will not only allow the ease in 
registration and domain name dispute resolution, but also will increase 
the confidence of the developing countries in ICANN, UDRP and DNS. 
I would like to be a part of the ALAC team so that I am able to advise 
on various issues pertaining to UDRP, THE SHORT COMMINGS AND REQUIRED 
AMENDMENTS AND CITS CONFLICTS WITH LOCAL LAWS OF DIFFERENT COUNTRIES.

2. I have deeply studied the domain name system and the UDRP followed 
by ICANN, and as CEO of Waqalat Arbitration Center, I applied to ICANN 
for approval of our Center as an Approved Service Provider for Domain 
Name Dispute Resolution. Further I took up the matter of domain name 
dispute resolution with the International Center for Alternate Dispute 
Resolution, funded by Govt. of India (which is now a strategic partner 
of Waqalat Arbitration Center) and created a general awareness about 
ICANN and the UDRP by organizing meetings and group discussions. The 
application of Waqalat Arbitration is pending before ICANN. And on 
instructions of ICANN, Waqalat Arbitration Center has also approached 
Asian Domain Name Dispute Resolution Center (ADNDRC)for tie-up. The 
final decision shall be taken soon in this regard.

It is true that in India, even though the agreement with the Domain 
Name Registrar provides for a dispute resolution by UDRP, there are few 
takers for the same. The reason being that all the service providers 
are located in the Western World and the cost of online dispute 
resolution is extremely high. The only recourse left with the affected 
person is to go to the already over burdened courts. Similar situation 
exists in the neighboring South Asian Countries. There are also some 
legal issues involved regarding the UDRP policy and its applicability 
and enforceability in relation to South Asian Countries. I have put 
across my views a couple of times when I attended the ICANN meetings 
and the delegates of other countries have endorsed the same. There are 
certain provisions in the law, which frustrates the goal of UDRP, and I 
believe that the UDRP requires a reform, especially in relation to its 
applicability in the South Asian Countries. I have full faith in the 
UDRP and the goals of ICANN and would like to contribute my experience 
and expertise for the furtherance of these goals. 

3. I have been a supporter of At Large group and have attended ICANN 
meetings at Shanghai, China and at Marina del Rey. I have put across 
numerous suggestions and have participated in various discussions in 
order to provide valuable contribution to the ICANN processes and 
procedures.
 
For developing countries, the reform of ICANN is an important issue 
because it gives us a renewed opportunity to engage in the ICANN 
process, either directly or through their regional ccTLD organisations 
so that our perspectives, requirements and international diversity are 
duly taken into account.

Regards,
Naval Bhatia