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Re: [gnso-irtp-b-jun09] RE: For review - IRTP Part B Public Comment Announcement

  • To: "Erdman, Kevin R." <Kevin.Erdman@xxxxxxxxxx>
  • Subject: Re: [gnso-irtp-b-jun09] RE: For review - IRTP Part B Public Comment Announcement
  • From: "Michele Neylon :: Blacknight" <michele@xxxxxxxxxxxxx>
  • Date: Wed, 2 Sep 2009 17:47:59 +0100



On 2 Sep 2009, at 17:25, Erdman, Kevin R. wrote:


Michele,

I think it would be worth considering who are the "real public," and how to solicit their comments. Typically, public comment periods are not used by ordinary citizens but rather by the stakeholders most affected by the issues
involved with the subject matter of the public comment.

That's where we'll have to disagree (or maybe not?)

If I, as private individual or business owner, register a domain name I have a stake, albeit a small one, in how the policy affects me personally

I'd also add that I think the lack of public input into the ICANN processes is part of the problem

At present there are only about about one thousand to one thousand five hundred people who participate in the processes that impact ALL users. (based on the average attendance at a public meeting, excluding ICANN staff and adjusting for people who participate)

I personally think this is due in no little part to perceptions and the language used does not help




In this case, are
the domain owners the relevant stakeholders?


Yes


 Are the registries the relevant
stakeholders?

Registries? Registrars? Or registrants? Or all three ? (I'd argue all three)


In fairness to my colleagues at Pinsent Masons, publishers of Out- law.com, they are fully aware of the ICANN process and explain it fairly well in the full article (http://www.out-law.com/page-10328) even if the headline may be
a bit misleading.

How many people actually read articles in their entirety? Most of people skim headlines


Assuming that domain holders are the relevant stakeholders, would the
following be a suitable introduction?

"The ruling body of ICANN relating to Domain Names (the Generic Names
Supporting Organization, or GNSO) is asking for public comments on issues
relating to procedures for modifying registration information and
transferring domain names between registers. Specifically, comments on
establishing a new urgent return procedure for challenging potentially
fraudulent or inappropriate domain name transfers or alterations, and other procedures for preventing inappropriate or fraudulent changes in domain name registrations, are requested from the domain name owning public. The details
of the issues being considered is provided below:"


I think that reads a lot better - the more people who can understand that ICANN is trying to address issues the better... no?

_____________________________________________________________________________
___________________________
Kevin R Erdman  T: 317.237.1029 | F: 317.237.8521 | C: 317.289.3934
Intellectual Property, Internet, and Information Attorney, Registered Patent
Attorney
BAKER & DANIELS LLP WWW.BAKERDANIELS.COM 300 N. MERIDIAN STREET, SUITE 2700 |
INDIANAPOLIS, IN 46204


-----Original Message-----
From: owner-gnso-irtp-b-jun09@xxxxxxxxx
[mailto:owner-gnso-irtp-b-jun09@xxxxxxxxx] On Behalf Of Michele Neylon ::
Blacknight
Sent: Wednesday, September 02, 2009 11:00 AM
To: James M. Bladel
Cc: Marika Konings; Gnso-irtp-b-jun09@xxxxxxxxx
Subject: RE: [gnso-irtp-b-jun09] RE: For review - IRTP Part B Public Comment
Announcement


James

With all due respect while including a link to a glossary may help it doesn't
really address the core issue. It merely sidesteps it.

While a "call for comments" may need to use precise technical and / or legal terminology and jargon in its body, I strongly feel that a more accessible introductory text may go a long way to helping us, as a group, get input from
the real public.

In English speaking countries we read the text from left to right and from top to bottom. So we will not, in general, read beyond the first few lines if
we aren't obligated to do so.

For example, only last week Out-law.com published an article entitled: "ICANN may help owners recover domain names after expiry". Anyone reading that title would assume that ICANN was going to be doing something in that area, whereas
it actually referred to another public comment period. So how did a
publication like Out-law.com end up with that perception? Presumably they only had access to the information on the ICANN website and more specifically
the call for comments as published there (for the PEDNR WG).


Regards

Michele

--
Mr Michele Neylon
Blacknight Solutions
Hosting & Colocation, Brand Protection
http://www.blacknight.com/
http://blog.blacknight.com/
http://mneylon.tel/
Intl. +353 (0) 59  9183072
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-------------------------------
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Road,Graiguecullen,Carlow,Ireland  Company No.: 370845

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Road,Graiguecullen,Carlow,Ireland  Company No.: 370845




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