FW: Communication from Business Constituency regarding position of Constituency on approval of UDRP providers
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I retransmitted the BC comment with a pasted version as well as a new copy of the document. It was saved on my mac, and while I could open it, Steve noted a problem with it. It has been received by ICANN in readable form. Marilyn Cade From: marilynscade@hotmail.com To: steve.crocker@icann.org; fadi.chehade@icann.org; john.jeffrey@icann.org CC: excomm@bizconst.org Subject: RE: Communication from Business Constituency regarding position of Constituency on approval of UDRP providers Date: Thu, 28 Feb 2013 02:37:29 -0500 It appears that the document may not have properly transmitted. It is pasted below, and is of course, posted back in Oct 2010 in the public comment process. Marilyn Pasted copy of 2010 submission: Business Constituency comment on recognizing new UDRP providers • To: "acdr-proposal@xxxxxxxxx" <acdr-proposal@xxxxxxxxx> • Subject: Business Constituency comment on recognizing new UDRP providers • From: Steve DelBianco <sdelbianco@xxxxxxxxxxxxx> • Date: Thu, 28 Oct 2010 20:58:06 +0000 Business Constituency (BC) Comment on ICANN Proposal to Recognize New Domain Name Dispute Provider *Background* There is a pending request for comment regarding the application of the Arab Center for Domain Name Dispute Resolution (ACDR) to become a certified Uniform Dispute Resolution Procedure (UDRP) arbitration provider. *Summary* The Business Constituency (BC) cannot support approval of this or any other UDRP accreditation application at this time on the grounds that no new UDRP providers should be accredited until ICANN implements a standard mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. *Explanation* The BC notes that the voluntary registration or renewal of a gTLD domain must be undertaken via an ICANN-accredited registrar. All registrars are subject to a uniform contractual agreement with ICANN, the Registrar Accreditation Agreement (RAA). ICANN recently strengthened the RAA with additional amendments and the addition of flexible enforcement options, and a Final Report proposing additional RAA amendments has just been delivered to the GNSO for its consideration. In stark contrast, the involuntary termination or transfer of a domain can be ordered under the authority of a UDRP provider that has been accredited by ICANN but which is not bound by any constraints on or requirements pertaining to the exercise of that delegated authority. This has led to increasing concerns about the lack of adequate procedural and substantive consistency in the UDRP process. Such concerns are likely to grow if additional providers are accredited in the absence of the uniform framework of a standard mechanism. The BC strongly advocates that ICANN must first implement a standard mechanism with any and all UDRP arbitration providers that defines and constrains their authority and powers, and establishes regular and standardized review by ICANN with flexible and effective means of enforcement. The ultimate sanction of cancelling accreditation is an extreme sanction that ICANN has demonstrated a reluctance to initiate in other contexts. ICANN appears to be transitioning from an environment in which the vast majority of UDRP cases (approximately 98%) were handled by two arbitration providers (WIPO and NAF) and in which significant gTLDs were based in a limited number of national jurisdictions to one in which the majority of gTLDs and UDRP providers may well be headquartered in a widely distributed group of jurisdictions. In the future, business interests may well be investing substantial amounts in these new gTLDs, for both defensive, new branding, and other purposes. In this type of environment it is even more important that all UDRP providers be subject to uniform and enforceable responsibilities, as that is the only means of furthering the goal that UDRP decisions are consistent within and among UDRP providers, and that the UDRP remains an expedited and lower cost remediation for addressing cybersquatting. The BC notes that the issue of whether UDRP providers should be under a standard mechanism with ICANN is almost entirely separable from the question of whether the UDRP evaluation standards for determining the existence of cybersquatting should be reformed. There is no need to debate the substantive elements of the UDRP in order to address the fundamental issue of whether UDRP providers should be under a standard mechanism. *** The rapporteur for these comments was Phil Corwin. ICANN Business Constituency http://www.bizconst.orgBusiness Constituency comment on recognizing new UDRP providers From: marilynscade@hotmail.com To: steve.crocker@icann.org; fadi.chehade@icann.org; john.jeffrey@icann.org CC: excomm@bizconst.org Subject: Communication from Business Constituency regarding position of Constituency on approval of UDRP providers Date: Wed, 27 Feb 2013 16:57:57 -0500 Dear Chairman Crocker and President/CEO Chehade Comment from BC on recognizing new UDRP providers It has come to our attention that the Board Consent agenda includes consideration of a proposal for a new UDRP provider. This was a surprise to many, as there had been no intervening communications with the broader community since 2010. There is therefore a lack of information regarding the proposal and how earlier concerns have been addressed by ICANN. I am retransmitting the position of the BC regarding recognizing new UDRP providers, which was developed and posted in October 2010, in response to an ICANN proposal to recognize new domain name dispute providers. As described in the Statement, the BC believes that ICANN should implement a standard mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. Transmitted by the BC Chair, on behalf of the Business ConstituencyFebruary 27, 2013
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Marilyn Cade