RE: [wg-d] Co-chair nominations

["Bret A. Fausett" <baf@fausett.com>]

>could all three candidates and those entering the list later on make a
>brief statement of who they are, kind of where they come from, a paragraph
>on where they want the DNSO to go to, and why to vote for them? Candid
>self-assessments of possible conflicts of interest or position, like the
>one already provided by Elisabeth Porteneuve, would surely be most
>welcome.

Sure --

Background

I'm Bret Fausett, a lawyer with the U.S. based law firm of Fausett, Gaeta 
& Lund, LLP. I came to the DNSO initially as a curious bystander 
interested in the trademark issues and later as the Chair of the DNSO 
Task Force of the Association of Internet Professionals ("AIP"). The AIP 
is a chapter-based international organization of individuals and 
companies working in the internet arena (http://www.association.org). The 
AIP presented a draft charter for the DNSO, and I was involved in its 
drafting. (The AIP draft was later merged with the "Paris Draft," which 
was merged with the BMW and CENTR drafts, to become this DNSO.)

Philosophy on the DNSO and WG D

I wanted to participate in this Working Group because I believe that an 
organization's processes and rules are what gives it credibility and 
authority. I have been critical of ICANN at various times when it 
appeared be taking actions that were not in accord with its bylaws, and I 
believe that establishing rules, and then following them, are most 
important in a new organization like this one.

The AIP Draft that I worked on earlier was the most detailed of the 
various DNSO proposals presented to ICANN, perhaps reflecting my own bias 
toward detailed processes. In the AIP draft, work was accomplished in 
"Research Committees," quite similar to the Working Group concept we have 
here. In retrospect, the early AIP drafts 
(http://dnso.association.org/bylaws.html) were perhaps too detailed and 
rigid. In participating in these debates, I have developed an 
appreciation for more "lightweight" structures, especially when applied 
to the internet community.

I think the long-term success of the DNSO will depend on the success of 
this group in crafting agreed, enforceable and predictable processes that 
will ensure open, meaningful participation by interested parties, while 
allowing work to move forward to completion. I appreciate that this will 
be a difficult balance to strike.

Disclosure

I don't know what might be perceived as a conflict, but in the interest 
of full disclosure, here goes...

As a partner in a for-profit Massachusetts limited liability partnership, 
I am a member of the Business and Commercial Constituency. I have two 
registered domain names, one of which I actively use commercially for my 
law firm (http://www.fausett.com). Another lawyer from my firm, Diane 
Cabell, has been an active participant in the Membership Advisory 
Committee to ICANN.

I also participate in two organizations that are active in the Trademark 
Constituency: the American Bar Association Intellectual Property Section 
and the Domain Name Rights Coalition. I have restricted my energies to 
date, however, to participation in the Business Constituency and have no 
current plans to take an active role in the Trademark Constituency.

On the issues that are presently before the DNSO, my law firm currently 
represents both trademark registrants and domain name registrants in 
disputes arising from the interface between trademark law and domain 
names. I would not describe us as zealots on either side of the heated 
debates (though we have declined cases of "cybersquatting" on principle). 
We also are counsel to the AIP (an organization that may join the 
non-commercial constituency, depending on how the debate over its 
organization is finally resolved). At present, we do not represent any 
other companies active in these debates (gTLD registries, ccTLD 
registries, prospective registries, registrars), though in the past we 
have been engaged in unrelated matters on behalf of local and regional 
ISPs.

Finally, I have never taken, nor been offered, money from NSI. ;-)

I hope that helps.

       -- Bret