Legal Authority for ICANN's Actions

["Michael D. Palage" <Michael@xxxxxxxxxx>]

While I fully support the expedited roll-out of IDN top-level domains, ICANN
has failed to clearly articulated the legal basis by which these TLDs are
being allocated in accordance with its bylaws and articles of incorporation.


 

Attached is an article that I authored prior to the Paris meeting, see
http://www.circleid.com/posts/86198_legal_consequences_internationalized_dom
ains/.  While I appreciate some of the subtle changes that have been made in
the final draft version of the fast track ccTLD IDN proposal, I believe the
underlying legal authority for ICANN's actions have not been  answered. 

 

In connection with ICANN's current consultation about Improving
Institutional Confidence in the organization, it is important that ICANN's
action in expediting the ccTLD IDN fast track process ensure a predicable
process for other similarly situated parties. Additionally, ICANN must
ensure that any obligations/rights/fees terms in connection with IDN TLDs
are equitably accessed/imposed across all similarly situated parties within
the domain name market place.  Failure to ensure such legal predictability
and consistently undermine ICANN's efforts toward improving institution
confidence and directly impede its stated goal of successfully concluded the
JPA.

 

Best regards,

 

Michael D. Palage