[council] IPC Proposed Revised IGO DRP

Olof Nordling olof.nordling at icann.org
Fri Nov 30 11:23:58 UTC 2007

Dear all,

In an effort to provide some additional clarity, I've prepared a redline
version, comparing the IPC draft (expanded with the Rules of Procedure from
the staff draft) versus the UDRP. Hope it is somewhat helpful.

Best regards




From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On
Behalf Of Rosette, Kristina
Sent: den 29 november 2007 22:55
To: Gomes, Chuck; council at gnso.icann.org
Subject: RE: [council] IPC Proposed Revised IGO DRP




Given David's participation in the Joint Working Group on 2003, I've assumed
he's familiar with the underlying immunity issue that motivates the
arbitration proposal.  (For those Councilors who may not have the
institutional knowledge of the IGO issue, it's discussed in pages 12-14 of
the Issues Report.)  I, for one, would welcome alternative suggestions from
David - or anyone for that matter - that take into account the
immunity-driven limitations.







From: Gomes, Chuck [mailto:cgomes at verisign.com] 
Sent: Thursday, November 29, 2007 4:42 PM
To: Rosette, Kristina; council at gnso.icann.org
Subject: RE: [council] IPC Proposed Revised IGO DRP

To get some discussion going, here's some feedback received from David Maher
in the RyC, sent with David's permission.


"This proposal still has the fundamental flaw that it requires mandatory
ARBITRATION. It is an attempt to make ICANN a global legislative body
outside the jurisdiction of national courts. The existing UDRP provides for
a mandatory ADMINISTRATIVE proceeding and has the following escape clause

Availability of Court Proceedings. The mandatory administrative proceeding
requirements set forth in Paragraph 4 <BLOCKED::#4>  shall not prevent
either you or the complainant from submitting the dispute to a court of
competent jurisdiction for independent resolution before such mandatory
administrative proceeding is commenced or after such proceeding is

If ICANN can do this, it can make law on any other subject. I don't think
we, as registries, want to subject ourselves to mandatory arbitration
(except as provided in contracts we have signed) on any subject that the
GNSO comes up with."


Chuck Gomes


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From: owner-council at gnso.icann.org [mailto:owner-council at gnso.icann.org] On
Behalf Of Rosette, Kristina
Sent: Wednesday, November 28, 2007 10:15 PM
To: council at gnso.icann.org
Subject: [council] IPC Proposed Revised IGO DRP


Attached please find the IPC Proposed Revised IGO DRP, which was approved by
the IPC at its meeting this morning.  Attached also for reference is a
redline against the IGO DRP that was contained in the 28 September 2007
staff report.

The IPC believes that its proposed revised IGO DRP remedies the aspects of
the original IGO DRP that were previously identified as being of concern.  

The IPC proposed revised IGO DRP does not address - and was not intended to
address - the process by which an IGO DRP would become applicable to
existing gTLDs.   Once (or if) it does become applicable to existing gTLDs,
the proposed changes reflect a mechanism that is believed to treat existing
gTLD registrants fairly.



<<11282007 IPC Proposed Revised IGO DRP.DOC>> <<Redline IPC Proposed Revised
IGO DRP against Original.DOC>> 

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