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[registrars] Re: Domain Name Dispute Policy -- Next Steps
Thank you for your interest in and suggestions for the domain name dispute
policy that AOL and register.com have been preparing.
As you may know, the accredited registrars are obligated under contract with
ICANN to formulate a domain name dispute policy. Following a lengthy, open
process WIPO issued a report last spring attempting to balance the various
positions articulated during the WIPO process. The report recommends a
thoughtful framework to be used by the registrars for a dispute policy. The
ICANN Board has commended WIPO on the report and referred the report to the
DNSO for consideration.
In the interim, the ICANN Board has "endorse[d] the principle that a uniform
dispute resolution policy should be adopted for Registrars in the .com, .net,
and .org Top-Level Domains (TLDs)" and "encourage[d] the testbed registrars
to work together to formulate a model dispute resolution policy for voluntary
The draft policy you have seen has been a cooperative effort to meet that
direction from ICANN. You will notice that the proposed policy substantially
reflects the WIPO report, putting responsibility for changes in the status of
domain names in the hands of ADR authorities and the courts. Additional
points have been included in the policy to maximize voluntary adoption by the
testbed and subsequent registrars. Despite probable imperfections in the
policy, a significant priority in this effort is the uniform adoption of a
single policy by registrars. If that does not occur, inconsistencies will
surely be exploited and lead to problems even greater than the ones currently
experienced by those who have had to rely on the NSI dispute policy.
America Online, Inc.