[ncdnhc-discuss] UDRP Revision??

Mon Nov 4 22:02:38 CET 2002

Milton,

As someone that has served as a member of several task forces, you have
completely overstated the emphasis and reliance on the chair's position and
his or her role.  A Task Force does not sink or swim because of a chair, and
for you to insinuate that the only reason your TF (on .org) delivered a
policy on time was because of you is an insult to those that served on that
Task Force.  I cannot believe that you are taking full credit for the entire
team.

I am not saying that our new TF Chair has done his or her job effectively or
not (or even that you as the previous chair did your job).  What I am saying
is that the Terms of Reference of the UDRP Task Force is (1) too broad and
(2) out of date.  No TF chair...even you, can fix those fundamental
problems.  

Terms of Reference can be changed, you are right.  But they can only be
changed by the Names Council, not by the Task Force.  Of course, the TF is
free to make recommendations as to what the new Terms of Reference should
be.  

I for one would like to see that happen, but to be honest, I am not sure
what they should be.

-----Original Message-----
From: Milton Mueller [mailto:Mueller at syr.edu]
Sent: Monday, November 04, 2002 3:11 PM
To: marc at fuchsia.bijt.net; discuss at icann-ncc.org; Jeff.Neuman at neustar.us
Subject: RE: [ncdnhc-discuss] UDRP Revision??

Jeff:
I am someone who has actually chaired a NC Task Force, and 
one of the few that actually delivered a policy on time. I know
what it takes to make them work. The answer, in two words,
is leadership and responsibility; more precisely the willingness 
of the chair of the TF to initiate action, prod others into action, 
set an agenda, and follow through. All of that is lacking now. 
Nothing will happen until that changes. 

All of your explanations fall way short. The terms of reference 
could be changed, or elements of it ignored, if the chair
and members agreed. The survey could be tossed out, revised
modified. Investigations of the new dispute resolution mechanisms
could be initiated. All of the members of all Task
Forces have day jobs, yet none have been as remiss
as this one. No other TF had any ICANN staff support.

It is obvious that the problem with this TF lies with
its chair. The current chair of the TF does not even 
participate in the email list, much less lead it. I gave
a simple, logical explanation for that. I have yet to 
see an alternative explanation. 

--MM

>>> "Neuman, Jeff" <Jeff.Neuman at neustar.us> 11/04/02 12:22PM >>>
What I was referring to in the "conspiracy" was your baseless allegation
that because the TF is chaired by someone from the IPC, that he was
intentionally not doing anything with the UDRP Task Force because it was in
the IPC's best interest to not do anything with the UDRP.

Milton, over the years your objectivity has declined.  The better
explanations could be as follows:

(a)  The Terms of Reference are so broad that no one knows where to begin;
(b)  The Survey did not narrow the issues at all, but rather listed a whole
host of new issues to consider;
(c)  The Survey is now over a year old and new TLDs have been introduced
with new dispute policies (some of which may have improvements; some do not)
(d)  The Task Force is made up of volunteers who all have day jobs and not
the time or the resources to conduct the proper work that needs to be done;
(e)  Many constituencies representatives have not participated at all in the
work or even in making suggestions;
(f)  There is not yet ICANN staff support to help;

Those are just a few explanations which are a lot more plausible than the
conspiracy theory you have set forth.  Please refrain from making your
allegations, because frankly it insults the rest of us that have done work
on the task force.  And by the way, the moment you want to get involved
again in the task force and help out, let us know. 

Thank you.  

-----Original Message-----
From: Milton Mueller [mailto:Mueller at syr.edu] 
Sent: Monday, November 04, 2002 11:20 AM
To: marc at fuchsia.bijt.net; discuss at icann-ncc.org; Jeff.Neuman at neustar.us 
Subject: RE: [ncdnhc-discuss] UDRP Revision??

Jeff:
When I was co-chair two things happened. 
First, the task force itself was assembled, and
then the survey instrument was developed. 
This happened only a couple of weeks behind
schedule.

>From that point on, I have had no official authority
to do anything. I was not enthusiastic about having
a survey at all, and suggested that we get directly to
work, but this received no support from the TF 
members. I note that your recent suggestion that the
TF start over received the same reception - silence.

I am not insinuating that anything is a "conspiracy"
Please elevate the level of your discussion if you
want to accomplish anything. That kind of rhetoric 
is not constructive.

The simple fact is that the TF is chaired by a member
of the IPCC; the IPCC is perfectly satisfied with the
UDRP as it is now and has no incentive to open it up
for change. That is not a conspiracy, that's politics.
That's the way things work in US Congressional
committees, for example - if the chair doesn't like
legislation, it never gets out of committee.

If you have a better explanation let's hear it.

>>> "Neuman, Jeff" <Jeff.Neuman at neustar.us> 11/04/02 08:19AM >>>
Sorry Milton, but nothing happened on this task force since the very
beginning when you were a co-chair except for a meaningless survey which I
believe was out of date the day it was released.  The TF has always had poor
leadership but I believe much of it had to do with the way too broad Terms
of Reference.

I do agree that the new Chair is not doing anything to advance the Task
Force and I have advocated before and I will again, that the TF needs to
start over.

Please do not insinuate that everything is a conspiracy.  Otherwise you too
(as former co-chair) will be grouped in with the rest of us :)

-----Original Message-----
From: Milton Mueller [mailto:mueller at syr.edu] 
Sent: Sunday, November 03, 2002 9:23 PM
To: marc at fuchsia.bijt.net; discuss at icann-ncc.org 
Subject: Re: [ncdnhc-discuss] UDRP Revision??

In a word, ever since a new Task Force Chair from the
IPCC was elected, all progress came to a halt. The new 
Chair has not taken any initiative and has sent I think
exactly one message to the TF list since being elected. 

In short, nothing has happened. 

Is it an accident? ;-)

>>> Marc Schneiders <marc at fuchsia.bijt.net> 11/02/02 01:05AM >>>
Has anyone any idea what happened to the evaluation (and possibly and
hopefully revision) of the UDRP, which was promised for end 2000?

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