[ncdnhc-discuss] Resolution on GAC

Michael Froomkin - U.Miami School of Law froomkin at law.miami.edu
Sat Oct 27 06:13:15 CEST 2001


Seriously: the ICANN action is not supported by the international
community.  It does not reflect any consensus in national or international
law.  It reflects a factional viewpoint -- strongly and in some cases very
sincerely held -- but that is one that even WIPO could not bring itself to
endorse.  But the ICANN Bord could, and without community discussion. That
should tell us something.

We could of course ignore those facts, and say we wish to discuss the
fait accomplit sprung on us without warning or discussion or bottom up
consensus.  Or we could say we want things done properly. 

But given that we are forced to (re)visit this issue after even the WIPO
report failed to sway the Board (despite your efforts), it's hard to see
what your suggestion achieves other than appeasement?


On Fri, 26 Oct 2001, Alejandro Pisanty - CUAED y FQ, UNAM wrote:

> Hi!
> 
> in proposing the "resolution on GAC", which really is a "resolution about
> action prompted by a GAC resolution", it seems there are two possible
> tracks:
> 
> 1. denounce everything and close all discussions.
> 
> 2. read ICANN's President's proposed plan of action carefully, discuss it,
> and observe that it in turn recognizes the complex nature of the problem
> and the diversity of points of view about the use of country and other
> geographically related names, and that it calls for an open discussion of
> the issue.
> 
> In particular it emphatically calls to "Encourage the Domain
> Name Supporting Organization to evaluate possible approaches
> for longer-term arrangements concerning use of geographic names
> within the DNS".
> 
> Someone boasting international sensitivity would have realized long ago
> that even if some think the GAC proposal is wrong, it comes from the
> international community (moreover, from a number of developing countries).
> 
> So - the rational, sane way to approach the matter may be to start a
> discussion on the use of geographic names in the DNS. To conserve an ample
> decision space, to further understanding of the complexities pointed,
> among others, by Kathy, etc., I'd wish the motion to consider the
I trust that 
> "resolution on GAC" be withdrawn (just a wish), and, whether that happens
> or not, let's
> hear the opinions of the experts, and of interested parties, as would
> academic organizations interested in fairness and rationality.
> 
> Do note that I voted against the GAC proposal, uphold my opinion, stand by
> the majority
> result of the Board vote, and think that opening a new stage of discussion
> will still be productive even after many, many rounds of it.
> 
> Alejandro Pisanty
> ..  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
>      Dr. Alejandro Pisanty
> UNAM  -  Educacion Abierta y a Distancia
> Av. Universidad 3000, 04510 Mexico DF Mexico
> Tel. (+52-5) 622-8713, 622-8633 Fax 550-8405
> 
> http://www.cuaed.unam.mx
> ---->> Unete a ISOC Mexico, www.isocmex.org.mx, www.isoc.org
> =====>>> Participa en ICANN, www.icann.org
> ---->> Internet y Sociedad? www.istf.org
> ..  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
> 
> 
> 
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> Discuss at icann-ncc.org
> http://www.icann-ncc.org/mailman/listinfo/discuss
> 

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A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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