I am puzzled and concerned about the apparant rejection of the dotYP proposals. It
seems to me that ICANN have wandered outside of their brief and have made assumptions,
applied interpretations come to conclusions without giving dotYP the opportunity
of replying to the points raised in a proper manner. Here in Europe under the European
Convention on Human Rights we have a situation where it is always the case that a
person cannot be condemned without being heard. Any such action would be a nullity.
It seems to me that the correct procedure in handling dotYPs application should have
been to have made an advance copy of the experts' report available to dotYP with
timelimit for responses and only then, after consideration of these responses should
the highly damaging report have been published on the ICANN web site.
I hope that ICANN take these thoughts into consideration and apply
the law of natural justice to their proceedings. dotYP's proposals look to me to
show a fundamental understanding of some of the major problems which confront the
development of the Internet in this century and deserve to be properly and judicially
considered.
Alistair Kelman
Barrister and E-Commerce counsel to Enformatica
Author
of "Electronic Commerce: Law and Practice" ISBN 042170800X
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