RE: [bc-gnso] FW: Communication from Business Constituency regarding position of Constituency on approval of UDRP providers

[Phil Corwin <psc@xxxxxxxxxxx>]

Marilyn and fellow BC members:

Thank you very much for communicating with the Board on this matter, the 
pending proposal of the ACDR to be a UDRP provider. I appreciate the 
cooperation of BC leadership and fellow BC members in facilitating the 
restatement of an in force and specifically relevant BC position, and to 
expediting its transmittal so that the Board could be informed in a timely 
fashion.

Again, in my view, the procedural problem with the proposal appearing on the 
Board consent agenda is that, 2.5 years after the original proposal had been 
put out for comment, and after it had received numerous statements of 
opposition and requests for clarification and improvement, it is poised for 
final Board action absent any public notice of whether and to what extent the 
original proposal had been modified to address the concerns that had been 
voiced in 2010. This is not consistent with the core ICANN principles of 
transparency and accountability.

As to moving ahead on relevant substantive policy, there should be no 
irreconcilable conflict between the desire   "to ensure that providers are 
available from the developing countries that can effectively serve the new 
gTLDs, especially IDNs and those who may have significant numbers of new 
registrants from such regions as Africa, Latin America, Arab States" and 
assuring that the Uniform Dispute Resolution Policy for the global DNS is 
administered in a uniform manner by all accredited providers no matter where 
they are located - both complainants and registrants deserve no less. I look 
forward to any further discussion of this matter.

Best regards,
Philip

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004
202-559-8597/Direct
202-559-8750/Fax
202-255-6172/cell

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
Marilyn Cade
Sent: Wednesday, February 27, 2013 5:06 PM
To: bc - GNSO list
Subject: [bc-gnso] FW: Communication from Business Constituency regarding 
position of Constituency on approval of UDRP providers

Dear BC members

The following communication has been transmitted to ICANN Board Chair; 
CEO/President Fadi Chehade, with copy to John Jeffrey, General Counsel and 
Board Secretary to convey the position that the BC developed regarding concerns 
about approval of UDRP providers.

During the BC's list discussion over the last few days regarding this topic, 
some members raised other considerations that they wish to discuss, such how to 
ensure that providers are available from the developing countries that can 
effectively serve the new gTLDs, especially IDNs and those who may have 
significant numbers of new registrants from such regions as Africa, Latin 
America, Arab States.

Steve Delbianco, V.Chair, Policy Coordination has provided information about 
how such topics might be addressed, and changes to any BC position be 
undertaken.

Stay tuned for whether BC members do propose changes or updates to an existing 
BC statement, such as this.

In addition, one BC member, Phil Corwin also shared a letter from the 
association he represents, sent in individual capacity to the Board, and which 
also references the BC position of October 2010. If other BC members do also 
write in  your individual capacity, please also share an informational copy 
with the BC list.


Marilyn Cade
BC Chair
________________________________
From: marilynscade@xxxxxxxxxxx<mailto:marilynscade@xxxxxxxxxxx>
To: steve.crocker@xxxxxxxxx<mailto:steve.crocker@xxxxxxxxx>; 
fadi.chehade@xxxxxxxxx<mailto:fadi.chehade@xxxxxxxxx>; 
john.jeffrey@xxxxxxxxx<mailto:john.jeffrey@xxxxxxxxx>
CC: excomm@xxxxxxxxxxxx<mailto:excomm@xxxxxxxxxxxx>
Subject: Communication from Business Constituency regarding position of 
Constituency on approval of UDRP providers
Date: Wed, 27 Feb 2013 16:57:57 -0500

Dear Chairman Crocker and President/CEO Chehade

Comment from BC on recognizing new UDRP providers

It has come to our attention that the Board Consent agenda includes 
consideration of a proposal for a new UDRP provider.

This was a surprise to many,  as there had been no intervening communications 
with the broader community since 2010.  There is therefore a lack of 
information regarding the proposal and how earlier concerns have been addressed 
by ICANN.

I am retransmitting the position of the BC regarding recognizing new UDRP 
providers, which was developed and posted in October 2010, in response to an 
ICANN proposal to recognize new domain name dispute providers.

As described in the Statement, the BC believes that ICANN should implement a 
standard mechanism for
establishing uniform rules and procedures and flexible means of delineating and 
enforcing arbitration provider
responsibilities.

Transmitted by the BC Chair, on behalf of the Business Constituency
February 27, 2013



________________________________
No virus found in this message.
Checked by AVG - www.avg.com<http://www.avg.com>
Version: 2013.0.2899 / Virus Database: 2641/6130 - Release Date: 02/25/13