ICA challenge to IRT

Mary Wong MWong at PIERCELAW.EDU
Fri Apr 24 03:16:37 CEST 2009

Thanks, Bill - I'd just seen that article too.
Everyone, as I was asked by the IPC to be on the IRT, and as I wasn't able during the last NCUC call to elaborate on what's being done, here's a quick summary:
- The Implementation Recommendation Team's (IRT) initial draft proposals will be released tomorrow for public comment. I'd encourage everyone to review the proposals and submit feedback, as the IRT is due to make its final recommendations to the Board in late May.
- the IRT meets weekly via teleconference, and in two in-person meetings (one in April, one in May); in between, various work teams that were formed within the IRT also meet via teleconference and work on draft proposals for circulation and comment by other IRT members.
- the discussions to date include proposals dealing with both top and second level domains and regarding both pre-launch and post-delegation issues. The primary suggestion is to use an IP Clearinghouse with tiered rights protection mechanisms (instead of a single Reserved Names List - this was a non-starter given the flak the GAC and the Geographic Names List has been getting); and there may also be a rapid suspension system for abusive registrations.
- contrary to some expectations, the process so far has not been a whitewash in favor of big brand owners. There have been compromises, disagreements and quite a bit of debate over controversial issues. While the draft report is unlikely to please everybody, I think it is more balanced than some had feared and is not, for example, a back door route to expand the UDRP (as Phil Corwin alleges in the article). 
- Minutes of previous IRT meetings are available online at https://st.icann.org/new-gtld-overarching-issues/index.cgi?trademark_protection (if you have limited time, the more informative minutes are probably those from April 2 and April 17).
So please review the draft proposals when they are released late tomorrow, and please do make public comments - and also start a discussion on this listserv - if you see anything that you think may impact on non-commercial users and consumers.
Mary W S Wong
Professor of Law
Franklin Pierce Law Center
Two White Street
Concord, NH 03301
Email: mwong at piercelaw.edu 
Phone: 1-603-513-5143
Webpage: http://www.piercelaw.edu/marywong/index.php 
Selected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584 
>>> William Drake <william.drake at GRADUATEINSTITUTE.CH> 4/23/2009 4:50 PM >>>
If you've not seen it...http://www.circleid.com/posts/20090422_ica_icann_implementation_recommendation_team/
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