ICANN's UDRP, while an improvement over NSI's dispute
policy, is still weighted heavily against individuals and small businesses.
It goes significantly beyond the tests of trademark infringement applied by US courts,
and as such (IMHO) violates both the White Paper and the MoU. If the UDRP
were not protection enough, Congress obliged big business with the 1999 Anticybersquatting
Act, which permits trademark holders to seek damages for acts of trademark dilution
via a domain name.
It is very hard to see how the introduction of a new TLD can
pose some sort of threat to the sanctity of intellectual property.
The more salient
question is "Should ICANN be doing more to protect individual free speech and due
process?"