[Gnso-igo-ingo-crp] Allocation of time for Options #3 and #4 for next week's agenda

George Kirikos icann at leap.com
Fri Jul 14 14:16:54 UTC 2017


Hi folks,

Just to followup on yesterday's call, I'd like time to be allocated on
the agenda (next week, or whenever) to discussion of Option #3 (i.e.
the limited waiver as opposed to general waiver of immunity, as put
forth by Paul Keating in the past, as a way to addressing some of the
fears of IGOs), as well as Option #4 which I sent to the mailing list
several weeks ago:

http://mm.icann.org/pipermail/gnso-igo-ingo-crp/2017-June/000769.html

representing a hybrid approach, whereby existing domains (by creation
date) are grandfathered under Option #1, "new" domains (by creation
date) are handled under Option #2, and most importantly there'd be a
mandatory review system in place to ensure that there are no
unforeseen consequences to due process. That mandatory review guards
against an outcome which was supposed to be used in rare circumstances
(perhaps 1 or 2 cases per year) explodes in usage with outcomes that
deviate from those of the court system.

I'd be available to "take the lead" in discussing Option #4 on the
next call or any other time this is scheduled (including discussion on
the mailing list, if folks had questions to raise in written form).

I don't know Paul Keating's schedule, but perhaps he could be
consulted if he wants to take the lead on discussions of Option #3
during an upcoming call (although I'm familiar enough with its
pros/cons to discuss it too, as I'm sure others are, since it's been
an idea that  been touched upon for a long time in this PDP, but not
discussed deeply or formally at the group level. By the way, I don't
see Option #3 as an "either/or" alternative to Option #1, #2, or #4
--- it's more a parallel option that can be added on to any of the
other options. i.e. it's going back to the language of the UDRP itself
and clarifying the precise nature of the waiver of immunity (which
then might affect how a court handles the immunity question, should
the UDRP outcome ever be challenged in the courts).

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/


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