[alac] UDRP issues report -- ALAC position?
http://www.icann.org/gnso/issue-reports/udrp-review-report-01aug03.htm As you know, ICANN staff has released an issues report on UDRP review. That report is on the GNSO Council's agenda for next week, and I need some input about what to say there. The issues report discusses possible procedural and substantial issues for policy-making (ten in each). With respect to many issues, the report concludes that ICANN activity with regard to them might step into areas which are properly left to established law, and that these issues should therefore not be touched by ICANN policy-making. For the remaining issues, the report warns that they may cause considerable contention. The conclusion is then to give priority to WHOIS and WIPO2, and not to be active with respect to the UDRP. As this takes up an argument we have made with respect to WIPO 2 abefore, I would probably elaborate a little on this point, basically stating that ICANN should certainly not extend the UDRP to take up complex cases better dealt with in court, but that -- on the other hand -- it is certainly within ICANN's mission to either cut back or fix policy where it has already invaded realms better left to courts. Besides that, this would be the point of time to raise any issues with the UDRP which we'd believe to benefit from a policy-development process -- either taken from Dan Halloran's list of issues, or generally known. If there are no such issues, we should probably endorse staff's recommendation to give priority to WHOIS at this point. (I would not talk about WIPO2 in this context, since we have argued that this is outside ICANN's mission, and not an appropriate topic for policy-making.) Please provide any input as soon as possible. Regards, -- Thomas Roessler <roessler (at) does-not-exist.org>