CAC Proposal Requires ICANN Scrutiny

["Max Menius" <mmeniusjr@xxxxxxxxxxxx>]

The CAC Proposal appears to preempt the UDRP with a quicker, cheaper lower 
integrity process that will invite reverse domain name hijacking. The UDRP is 
already subject to occasional misuse by entities who try to strip rightful 
domain name registrants of their domain name. With the CAC proposal, the bar 
for challenging domain registration rights is dramatically lowered (under the 
pretense of offering TM holders an easier recourse should their trademark be 
exploited).

While this new proposed process is obviously of value in cases of clear 
cybersquatting, it can easily be misused to launch meritless attacks against 
legitimate domain registrations. Reverse domain hijacking is a reality, and it 
is equally damaging to businesses who are forced to defend their domain 
registration against frivolous attacks. We must not allow the pendulum to swing 
too far in the opposite direction in our efforts to help trademark holders. A 
balance in protections for ALL vested parties is the ultimate goal. 

I would respectfully request that ICANN enter into a clear contract with all 
UDRP providers. And, I would ask ICANN to seriously consider the loss of 
quality control and due process that will likely result from adopting any 
"quicker, cheaper" process, that by design, lowers the bar for admission under 
the pretense of being expeditious. 

Helping trademark holders is certainly a valid concern. But, protecting 
legitimate domain name registrants from reverse hijacking is an equally valid 
concern. We need a carefully crafted balance that serves both of these 
constituent interests equally. The CAC proposal and similar "quickie fixes" do 
not fit the bill.

Max Menius
Menius Enterprises, Inc.
Greensboro, NC, USA