Revised Draft BC Position on Establishing Standard Contract for UDRP Providers
Last week our Chair, Marilyn Cade, circulated a marked up version of the draft position statement on this issue that was originally drafted by me and subsequently edited by Mike Rodenbaugh. This morning, Berry Cobb suggested that the position statement should be cross-reference one of the pending recommendations of the RAPWG. I regards these suggestions as "friendly amendments" and have revised the draft statement to take account of them. Two versions of an updated draft are attached -- one is a redline markup of what Marilyn forwarded, and the other is a clean version of same. Marilyn also inquired whether there would be a cut off date at which the draft would be locked down for final consideration by BC members. As the comment must be filed by Thursday, October 28, iI would suggest that we lock down the draft no later than this Thursday or Friday, if that is in compliance with BC administrative rules. Thanks again to all who have voiced support for this position staement and have suggested improvements. Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey
We would caution against using this simple one message position for multiple messages. The UDRP single contract issue is clear and AIM supports. The idea to review and change the UDRP is a much larger issue and AIM would not support mixing these two in this one paper. Philip
All, I just spoke to Phil about this. I don't disagree with the premise that UDRP providers should be subject to uniform standards especially with respect to experience, expertise, quality, etc, but I have serious concerns with our BC document calling for a "contract" with ICANN since I believe it's important that dispute resolution providers maintain their independence from ICANN and not be subject to regulation from ICANN. My attached edits primarily address this point. Note today that providers are approved by ICANN with the Approval Process information located at http://www.icann.org/en/dndr/udrp/provider-approval-process.htm I believe it would be useful to do a deeper dive into what we'd like to see beefed up in the approval process perhaps using the form above as a start. Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 ________________________________ From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Phil Corwin Sent: Monday, October 18, 2010 6:16 PM To: bc-gnso@icann.org Subject: [bc-gnso] Revised Draft BC Position on Establishing Standard Contract for UDRP Providers Importance: High Last week our Chair, Marilyn Cade, circulated a marked up version of the draft position statement on this issue that was originally drafted by me and subsequently edited by Mike Rodenbaugh. This morning, Berry Cobb suggested that the position statement should be cross-reference one of the pending recommendations of the RAPWG. I regards these suggestions as "friendly amendments" and have revised the draft statement to take account of them. Two versions of an updated draft are attached -- one is a redline markup of what Marilyn forwarded, and the other is a clean version of same. Marilyn also inquired whether there would be a cut off date at which the draft would be locked down for final consideration by BC members. As the comment must be filed by Thursday, October 28, iI would suggest that we lock down the draft no later than this Thursday or Friday, if that is in compliance with BC administrative rules. Thanks again to all who have voiced support for this position staement and have suggested improvements. Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey
I regard Sarah's suggested amendments as "friendly" and want to give them full review in the morning. However, I'm somewhat reluctant to excise any reference to "contracts" at this early stage (when we are just trying to get ICANN's attention and get a discussion initiated) because contracts are the standard means by which ICANN establishes a continuing relationship with accredited parties. I don't think such a contract necessarily extinguishes independence -- it doesn't seem to have constrained registries or registrars all that much, except when they are in egregious breach. One might even contend that the lack of contract gives ICANN more potential influence, since it is not bound by any standard for cancelling a UDRP provider's accreditation. In any event, the present language does not insist on contracts but is flexible -- 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 contract with all accredited providers or develops some other mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. (emphasis added) As for the approval process for accrediting new UDRP providers, it's good as far as it goes (and to the extent it is rigorous) but it's a one-time event and so far as I am aware there is no regular oversight of UDRP providers once accreditation is granted. But, again, I want to review all her suggested changes in the clear light of morning. Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey ________________________________ From: Deutsch, Sarah B [sarah.b.deutsch@verizon.com] Sent: Tuesday, October 19, 2010 6:17 PM To: Phil Corwin; bc-gnso@icann.org Subject: RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers All, I just spoke to Phil about this. I don't disagree with the premise that UDRP providers should be subject to uniform standards especially with respect to experience, expertise, quality, etc, but I have serious concerns with our BC document calling for a "contract" with ICANN since I believe it's important that dispute resolution providers maintain their independence from ICANN and not be subject to regulation from ICANN. My attached edits primarily address this point. Note today that providers are approved by ICANN with the Approval Process information located at http://www.icann.org/en/dndr/udrp/provider-approval-process.htm I believe it would be useful to do a deeper dive into what we'd like to see beefed up in the approval process perhaps using the form above as a start. Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 ________________________________ From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Phil Corwin Sent: Monday, October 18, 2010 6:16 PM To: bc-gnso@icann.org Subject: [bc-gnso] Revised Draft BC Position on Establishing Standard Contract for UDRP Providers Importance: High Last week our Chair, Marilyn Cade, circulated a marked up version of the draft position statement on this issue that was originally drafted by me and subsequently edited by Mike Rodenbaugh. This morning, Berry Cobb suggested that the position statement should be cross-reference one of the pending recommendations of the RAPWG. I regards these suggestions as "friendly amendments" and have revised the draft statement to take account of them. Two versions of an updated draft are attached -- one is a redline markup of what Marilyn forwarded, and the other is a clean version of same. Marilyn also inquired whether there would be a cut off date at which the draft would be locked down for final consideration by BC members. As the comment must be filed by Thursday, October 28, iI would suggest that we lock down the draft no later than this Thursday or Friday, if that is in compliance with BC administrative rules. Thanks again to all who have voiced support for this position staement and have suggested improvements. Philip S. Corwin Partner Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875 (office) 202-347-6876 (fax) 202-255-6172 (cell) "Luck is the residue of design." -- Branch Rickey
I share Sarah's concern but agree with Phil that our current language is flexible: 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 contract with all accredited providers or develops some other mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. (emphasis added) Philip
My concern is that by includng the words "contract" this will be misread by ICANN as a green light to go forward with regulation having nothing to do with these parties' qualifications even if the idea of an "other mechanism" is also included as an option. The following language addresses my concern but keeps the same meaning Phil originally intended: 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 with all accredited providers a standard mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. In the rest of the document, I'd recommend replacing "contact" with "standard mechanism." Thanks, Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 ________________________________ From: Philip Sheppard [mailto:philip.sheppard@aim.be] Sent: Wednesday, October 20, 2010 3:29 AM To: 'Phil Corwin'; Deutsch, Sarah B; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers I share Sarah's concern but agree with Phil that our current language is flexible: 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 contract with all accredited providers or develops some other mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. (emphasis added) Philip
I support Sarah's latest wording (below)and reasoning. Our key message is DON'T create another UDRP provider now. Lets communicate that message and avoid any unintended consequences. Philip --------------- 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 with all accredited providers a standard mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities.
Sarah, I share your concerns. In fact this type of rigid "contract" language is what stalled individual ccTLD participation within the ICANN process for so long. It was only after ICANN adopted an accountability framework document that more participation/recognition occurred. I think Phil's concerns can be address without the hard coded "contract" language. Having dealt with IGOs over the past several years I can tell you that getting them to sign "contracts" can be a complicated process. Therefore making WIPO sign a UDRP provider contract is likely to run into some complications that would likely draw the support/empathy of the GAC. Do we really want to pick that fight? Having dealt with WIPO during the past 11 years ago (remember that first UDRP meeting at Georgetown Sarah/Marilyn - seems almost like yesterday) I think as a trustee of this process WIPO would be in agreement about ensuring some uniformity of the rules. So let's figure how to make them part of the solution, instead of making them part of the problem. Just my two cents. Best regards, Michael From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Deutsch, Sarah B Sent: Wednesday, October 20, 2010 8:50 AM To: 'Philip Sheppard'; 'Phil Corwin'; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers My concern is that by includng the words "contract" this will be misread by ICANN as a green light to go forward with regulation having nothing to do with these parties' qualifications even if the idea of an "other mechanism" is also included as an option. The following language addresses my concern but keeps the same meaning Phil originally intended: 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 with all accredited providers a standard mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. In the rest of the document, I'd recommend replacing "contact" with "standard mechanism." Thanks, Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 _____ From: Philip Sheppard [mailto:philip.sheppard@aim.be] Sent: Wednesday, October 20, 2010 3:29 AM To: 'Phil Corwin'; Deutsch, Sarah B; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers I share Sarah's concern but agree with Phil that our current language is flexible: 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 contract with all accredited providers or develops some other mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. (emphasis added) Philip
Consensus understood/I'm working on a revised draft and will circulate it later today. Philip S. Corwin Partner, Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875/Office 202-255-6172/Cell "Luck is the residue of design." -- Branch Rickey From: Michael D. Palage [mailto:michael@palage.com] Sent: Wednesday, October 20, 2010 09:28 AM To: 'Deutsch, Sarah B' <sarah.b.deutsch@verizon.com>; 'Philip Sheppard' <philip.sheppard@aim.be>; Phil Corwin; bc-gnso@icann.org <bc-gnso@icann.org> Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers Sarah, I share your concerns. In fact this type of rigid “contract” language is what stalled individual ccTLD participation within the ICANN process for so long. It was only after ICANN adopted an accountability framework document that more participation/recognition occurred. I think Phil’s concerns can be address without the hard coded “contract” language. Having dealt with IGOs over the past several years I can tell you that getting them to sign “contracts” can be a complicated process. Therefore making WIPO sign a UDRP provider contract is likely to run into some complications that would likely draw the support/empathy of the GAC. Do we really want to pick that fight? Having dealt with WIPO during the past 11 years ago (remember that first UDRP meeting at Georgetown Sarah/Marilyn – seems almost like yesterday) I think as a trustee of this process WIPO would be in agreement about ensuring some uniformity of the rules. So let’s figure how to make them part of the solution, instead of making them part of the problem. Just my two cents. Best regards, Michael From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Deutsch, Sarah B Sent: Wednesday, October 20, 2010 8:50 AM To: 'Philip Sheppard'; 'Phil Corwin'; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers My concern is that by includng the words "contract" this will be misread by ICANN as a green light to go forward with regulation having nothing to do with these parties' qualifications even if the idea of an "other mechanism" is also included as an option. The following language addresses my concern but keeps the same meaning Phil originally intended: 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 with all accredited providers a standard mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. In the rest of the document, I'd recommend replacing "contact" with "standard mechanism." Thanks, Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 ________________________________ From: Philip Sheppard [mailto:philip.sheppard@aim.be] Sent: Wednesday, October 20, 2010 3:29 AM To: 'Phil Corwin'; Deutsch, Sarah B; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers I share Sarah's concern but agree with Phil that our current language is flexible: 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 contract with all accredited providers or develops some other mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. (emphasis added) Philip
Great -- thanks. Phil -I would also urge removal of the language in your text calling for ICANN to sanction dispute providers. Let's focus on uniform rules governing their qualifications and responsibilities. The contract/sanctions model would not only run into problems with IGOs as Mike notes, but would also undermine the whole nature of independent third party dispute resolution providers. People use these providers exactly because they are independent and trusted third party not affiliated with ICANN. But that's not to say that they shouldn't be subject to high standards and uniform qualifications. If an entity fails to meet the standards, then they should be deaccredited. Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 ________________________________ From: Phil Corwin [mailto:pcorwin@butera-andrews.com] Sent: Wednesday, October 20, 2010 9:31 AM To: 'michael@palage.com'; Deutsch, Sarah B; 'philip.sheppard@aim.be'; 'bc-gnso@icann.org' Subject: Re: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers Consensus understood/I'm working on a revised draft and will circulate it later today. Philip S. Corwin Partner, Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875/Office 202-255-6172/Cell "Luck is the residue of design." -- Branch Rickey From: Michael D. Palage [mailto:michael@palage.com] Sent: Wednesday, October 20, 2010 09:28 AM To: 'Deutsch, Sarah B' <sarah.b.deutsch@verizon.com>; 'Philip Sheppard' <philip.sheppard@aim.be>; Phil Corwin; bc-gnso@icann.org <bc-gnso@icann.org> Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers Sarah, I share your concerns. In fact this type of rigid "contract" language is what stalled individual ccTLD participation within the ICANN process for so long. It was only after ICANN adopted an accountability framework document that more participation/recognition occurred. I think Phil's concerns can be address without the hard coded "contract" language. Having dealt with IGOs over the past several years I can tell you that getting them to sign "contracts" can be a complicated process. Therefore making WIPO sign a UDRP provider contract is likely to run into some complications that would likely draw the support/empathy of the GAC. Do we really want to pick that fight? Having dealt with WIPO during the past 11 years ago (remember that first UDRP meeting at Georgetown Sarah/Marilyn - seems almost like yesterday) I think as a trustee of this process WIPO would be in agreement about ensuring some uniformity of the rules. So let's figure how to make them part of the solution, instead of making them part of the problem. Just my two cents. Best regards, Michael From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Deutsch, Sarah B Sent: Wednesday, October 20, 2010 8:50 AM To: 'Philip Sheppard'; 'Phil Corwin'; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers My concern is that by includng the words "contract" this will be misread by ICANN as a green light to go forward with regulation having nothing to do with these parties' qualifications even if the idea of an "other mechanism" is also included as an option. The following language addresses my concern but keeps the same meaning Phil originally intended: 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 with all accredited providers a standard mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. In the rest of the document, I'd recommend replacing "contact" with "standard mechanism." Thanks, Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 ________________________________ From: Philip Sheppard [mailto:philip.sheppard@aim.be] Sent: Wednesday, October 20, 2010 3:29 AM To: 'Phil Corwin'; Deutsch, Sarah B; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers I share Sarah's concern but agree with Phil that our current language is flexible: 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 contract with all accredited providers or develops some other mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. (emphasis added) Philip
Though late just wanted to support the view that a contract should not be mandatory and accreditation or some other method of accountability be adopted. Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com *** This Message Has Been Sent Using BlackBerry Internet Service from Mobilink *** -----Original Message----- From: "Deutsch, Sarah B" <sarah.b.deutsch@verizon.com> Sender: owner-bc-gnso@icann.org Date: Wed, 20 Oct 2010 09:41:13 To: 'Phil Corwin'<pcorwin@butera-andrews.com>; 'michael@palage.com'<michael@palage.com>; 'philip.sheppard@aim.be'<philip.sheppard@aim.be>; 'bc-gnso@icann.org'<bc-gnso@icann.org> Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers Great -- thanks. Phil -I would also urge removal of the language in your text calling for ICANN to sanction dispute providers. Let's focus on uniform rules governing their qualifications and responsibilities. The contract/sanctions model would not only run into problems with IGOs as Mike notes, but would also undermine the whole nature of independent third party dispute resolution providers. People use these providers exactly because they are independent and trusted third party not affiliated with ICANN. But that's not to say that they shouldn't be subject to high standards and uniform qualifications. If an entity fails to meet the standards, then they should be deaccredited. Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 ________________________________ From: Phil Corwin [mailto:pcorwin@butera-andrews.com] Sent: Wednesday, October 20, 2010 9:31 AM To: 'michael@palage.com'; Deutsch, Sarah B; 'philip.sheppard@aim.be'; 'bc-gnso@icann.org' Subject: Re: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers Consensus understood/I'm working on a revised draft and will circulate it later today. Philip S. Corwin Partner, Butera & Andrews 1301 Pennsylvania Ave., NW Suite 500 Washington, DC 20004 202-347-6875/Office 202-255-6172/Cell "Luck is the residue of design." -- Branch Rickey From: Michael D. Palage [mailto:michael@palage.com] Sent: Wednesday, October 20, 2010 09:28 AM To: 'Deutsch, Sarah B' <sarah.b.deutsch@verizon.com>; 'Philip Sheppard' <philip.sheppard@aim.be>; Phil Corwin; bc-gnso@icann.org <bc-gnso@icann.org> Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers Sarah, I share your concerns. In fact this type of rigid "contract" language is what stalled individual ccTLD participation within the ICANN process for so long. It was only after ICANN adopted an accountability framework document that more participation/recognition occurred. I think Phil's concerns can be address without the hard coded "contract" language. Having dealt with IGOs over the past several years I can tell you that getting them to sign "contracts" can be a complicated process. Therefore making WIPO sign a UDRP provider contract is likely to run into some complications that would likely draw the support/empathy of the GAC. Do we really want to pick that fight? Having dealt with WIPO during the past 11 years ago (remember that first UDRP meeting at Georgetown Sarah/Marilyn - seems almost like yesterday) I think as a trustee of this process WIPO would be in agreement about ensuring some uniformity of the rules. So let's figure how to make them part of the solution, instead of making them part of the problem. Just my two cents. Best regards, Michael From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Deutsch, Sarah B Sent: Wednesday, October 20, 2010 8:50 AM To: 'Philip Sheppard'; 'Phil Corwin'; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers My concern is that by includng the words "contract" this will be misread by ICANN as a green light to go forward with regulation having nothing to do with these parties' qualifications even if the idea of an "other mechanism" is also included as an option. The following language addresses my concern but keeps the same meaning Phil originally intended: 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 with all accredited providers a standard mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. In the rest of the document, I'd recommend replacing "contact" with "standard mechanism." Thanks, Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 ________________________________ From: Philip Sheppard [mailto:philip.sheppard@aim.be] Sent: Wednesday, October 20, 2010 3:29 AM To: 'Phil Corwin'; Deutsch, Sarah B; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers I share Sarah's concern but agree with Phil that our current language is flexible: 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 contract with all accredited providers or develops some other mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. (emphasis added) Philip
I am in agreement with Sarah and Mike. and, yes, Mike, thanks for that reminder! I still have the transcripts from part of that session! I recall one graduate student who told us that IPR shouldn't exist on the Internet! From: michael@palage.com To: sarah.b.deutsch@verizon.com; philip.sheppard@aim.be; pcorwin@butera-andrews.com; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers Date: Wed, 20 Oct 2010 09:28:32 -0400 Sarah, I share your concerns. In fact this type of rigid “contract” language is what stalled individual ccTLD participation within the ICANN process for so long. It was only after ICANN adopted an accountability framework document that more participation/recognition occurred. I think Phil’s concerns can be address without the hard coded “contract” language. Having dealt with IGOs over the past several years I can tell you that getting them to sign “contracts” can be a complicated process. Therefore making WIPO sign a UDRP provider contract is likely to run into some complications that would likely draw the support/empathy of the GAC. Do we really want to pick that fight? Having dealt with WIPO during the past 11 years ago (remember that first UDRP meeting at Georgetown Sarah/Marilyn – seems almost like yesterday) I think as a trustee of this process WIPO would be in agreement about ensuring some uniformity of the rules. So let’s figure how to make them part of the solution, instead of making them part of the problem. Just my two cents. Best regards, Michael From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Deutsch, Sarah B Sent: Wednesday, October 20, 2010 8:50 AM To: 'Philip Sheppard'; 'Phil Corwin'; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers My concern is that by includng the words "contract" this will be misread by ICANN as a green light to go forward with regulation having nothing to do with these parties' qualifications even if the idea of an "other mechanism" is also included as an option. The following language addresses my concern but keeps the same meaning Phil originally intended: 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 with all accredited providers a standard mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. In the rest of the document, I'd recommend replacing "contact" with "standard mechanism." Thanks, Sarah Sarah B. Deutsch Vice President & Associate General Counsel Verizon Communications Phone: 703-351-3044 Fax: 703-351-3670 From: Philip Sheppard [mailto:philip.sheppard@aim.be] Sent: Wednesday, October 20, 2010 3:29 AM To: 'Phil Corwin'; Deutsch, Sarah B; bc-gnso@icann.org Subject: RE: [bc-gnso] RE: Revised Draft BC Position on Establishing Standard Contract for UDRP Providers I share Sarah's concern but agree with Phil that our current language is flexible: 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 contract with all accredited providers or develops some other mechanism for establishing uniform rules and procedures and flexible means of delineating and enforcing arbitration provider responsibilities. (emphasis added) Philip
participants (6)
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Deutsch, Sarah B -
Marilyn Cade -
Michael D. Palage -
Phil Corwin -
Philip Sheppard -
Zahid Jamil