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[vote01] Re: VOTE-1999073020 -- FWD from David Johnson



| From DJohnson@Wilmer.COM Mon Aug  2 07:38 MET 1999
| From: "Johnson, David" <DJohnson@Wilmer.COM>
| To: "'DNSO Listadmin'" <DNSO.Listadmin@dnso.org>
| Subject: RE: [ga] Vote for WG-A Final Report
| Date: Mon, 2 Aug 1999 01:36:53 -0400 
| MIME-Version: 1.0
| 
| 
| 
| -----Original Message-----
| From: DNSO Listadmin [mailto:DNSO.Listadmin@dnso.org]
| Sent: Friday, July 30, 1999 2:17 PM
| To: council@dnso.org
| Cc: announce@dnso.org; ga@dnso.org
| Subject: [ga] Vote for WG-A Final Report
| 
| 
| 
| Dear Council,
| 
| You are requested to vote for the WG-A Final Report.
| 
| Your vote (reply to the individual email you will receive shortly
| after this one) should arrive to the dnso.org site:
|         August 2,   06 a.m. Pacific Time US
|         August 2,   09 a.m. Eastern Time US
|         August 2,   15:00   Central European Time
|         August 2,   22:00   Singapore Time
| 
| The vote is publicly archived, and may be seen at:
|         http://www.dnso.org/votes/vote01/Archives/
| 
| Please do not add CC to any list when voting.
| 
| The text of ballot is:
| -------------------------------------------------
| In relation with Article VI-B 2. d of ICANN Bylaws I consider that
| 
| 
| [x] WG-A has produced a set of recommendations that
|     shall be forwarded to the Board of Directors
|     as a community consensus recommendation
| 
| [ ] WG-A has produced a set of recommendations that
|     shall NOT be forwarded to the Board of Directors
|     as community consensus recommendations
| 
| [ ] WG-A has produced a set of recommendations, among
|     which only the following shall be forwarded
|     as community consensus recommendations:
| 
|         [ ] 1
|         [ ] 2
|         [ ] 3
|         [ ] 4
|         [ ] 5
| 
| Please note that you can provide a dissenting opinion in case the
| recommenations are forwarded as such to the BoD despite your vote
| to the contrary. These opinions will be attached to the report.
| ------------
| 
| commentary:
| 
| 1)	Procedural Problems. There is no way to determine whether the
| recommendations presented here from WG-A represent a "community consensus
| recommendation" without at least significant input from the General
| Assembly.  Although the gTLD constituency has voted affirmatively, and
| supports the proposal in general, this procedural lapse is significant. 
| 
| 	  
| 2)	Partial Dissention. The gTLD constituency agrees in general that
| the recommendations of Chapter 3 and Annex IV & V of the WIPO report of
| April 1999 should be implemented as soon as possible ( Recommendation #1.),
| in a generally uniform manner across the current global TLDs (
| Recommendation #2). We agree that uniformity should involve the scope of the
| dispute, the timing and procedures involved, and the remedies provided
| (Recommendation #3).   We further agree that the initial scope should be
| limited to "abusive recommendations" as defined by the WIPO report
| (Recommendation #4). Finally, WIPO should be encouraged to provide further
| expertise ( Recommendation #5). 
| 
| 	We dissent and therefore disagree that any administrative dispute
| resolution (ADR) process should be mandated directly from ICANN upon any or
| all registrars, but should flow from the contractual obligations between
| registry and registrar.  No process should be mandated by any entity, ICANN
| or registry, until those registrars who contractually bind their registrants
| to the process are legally satisfied with the procedures involved, and have
| given adequate notice to their registrants. ICANN will not incur any
| liability if these procedures are unfair, improperly implemented or
| inadequately staffed (Recommendation #1).   Further, such ADR procedures,
| while uniform in most aspects, should allow for variance in fees, payment,
| panel providers, and involvement of the registrars, to the extend such
| registrar is willing to accept the possibility in the process. ICANN should
| not be called upon to establish a process for panel providers but leave it
| to the private sector (Recommendations #2 and #3). As clearly enumerated in
| Recommendation #4, substantial procedural problems remain to be addressed by
| the industry of registrars who will operate with these procedures.  To
| proceed too quickly is to risk the failure of the procedures, and to
| destabilize domain name registration.   Registrars should be given the time
| to draft and implement a practical ADR process based on real world
| experience with registration.
| 
| David R. Johnson
| 
| 
| TEXT OF THE REPORT AND RECOMENDATIONS:
|      http://www.dnso.org/dnso/notes/19990729.WGA-report.html
| -------------------------------------------------
| 
| 
| Electorate list -- 18 persons
| -----------------------------
|        Europe () - Fay Howard fay@ripe.net  (ccTLDC)
|        Africa (.gh) - Nii Quaynor quaynor@ghana.com  (ccTLDC)
|        AsiaPac (.nu) - Bill Semich bill@mail.nic.nu  (ccTLDC)
|        NorthA (.us) - Jon Englund jenglund@itaa.org (Business)
|        Europe (.es) - Javier Sola javier@aui.es (Business)
|        NorthA (.us) - Theresa Swinehart Theresa.Swinehart@wcom.com (Business)
|        NorthA (.us) - Don Telage dont@netsol.com  (gTLDC)
|        NorthA (.us) - David R. Johnson djohnson@wilmer.com (gTLDC)
|        NorthA (.us) - Phil Sbarbaro psbar@hanson-molloy.com (gTLDC)
|        LatinAC (.ar) - Tony Harris harris@cabase.org.ar (ISPCPC)
|        AsiaPac (.jp) - Hirofumi Hotta h.hotta@hco.ntt.co.jp (ISPCPC)
|        Europe (.de) - Michael Schneider sastre@anwalt.de (ISPCPC)
|        Europe (.es) - Amadeu Abril i Abril amadeu@nominalia.com (Registrars)
|        AsiaPac (.jp) - Richard Lindsay richard@interq.ad.jp (Registrars)
|        NorthA (.us) - Ken Stubbs kstubbs@corenic.org (Registrars)
|        NorthA (.ca) - Jonathan Cohen drvcarrington@echelon.ca (IPC)
|        NorthA (.us) - Caroline Chicoine chicoinc@PeperMartin.com (IPC)
|        Europe (.be) - Ted Shapiro Ted_Shapiro@mpaa.org (IPC)
| 
| DNSO Secretariat
|