On 10/30/2009 05:06 AM, Derek Smythe wrote:
What the criminal will do...
Really? Ought we begin with a leap to the conclusion that a person is a criminal? And from that conclusion we ought to justify expropriation or termination of a domain name registration by ICANN? We are have seen ICANN being used as a "consumer protection" body, often in a way that does not benefit consumers but rather benefits trademark owners. Now we are seeing pressure to turn ICANN into a not only a law enforcement agency but also a judge and executioner. If one believes that there is illicit activity underway the proper approach is to bring it to the attention of properly chartered law enforcement agencies. They can investigate and if they find that the situation is worth pursuing they can bring it before a properly empaneled and disinterested authority for decision due process. If that process results in an order to ICANN then ICANN can then respond. These are not circumstances worthy of the word "exigent". There are no lives at stake. These are situations in which damage can be compensated at any later date by money. ICANN-as-a-vigilante and string-'em-high justice are simply not warranted. Because, even as your note almost begins to suggest, the kind of knee-jerk processes that are being proposed for ICANN are processes that can easily be triggered not as justice but as ways for trademark owners to cut-down competition that is acting near the edges of trademark infringement, but are still on the legitimate side of the line. --karl--