16 October, 2010

Business Constituency Discussions

ICANN's Business Constituency is discussing opposing approval of the application of the Arab Center for Domain Name Dispute Resolution (ACDR) to become a certified UDRP arbitration provider.

The reasoning as put forth by BC member Phil Corwin: 

"Let me make clear that ICA's opposition will not be based in any way on the fact that this particular applicant is "Arab" and is located in the developing world. There were recent reports that an Indian organization is contemplating a similar application, and it may yet do so -- and ICA would take the same position in regard to them -- as we would in regard to any applicant from the US, EU, or any other part of the developed world. Nor are we  necessarily alleging that ACDR or its proposed panelists are lacking adequate professional credentials (we are still reviewing all of their supporting documents). 

The problem is this -- it makes absolutely no sense to require that domains be registered or renewed via ICANN-accredited registrars who are under a standard contract (the RAA) but then provide that you can have your domain transferred away through a process administered by an organization that has been granted this power by ICANN -- yet is under no contract that defines its practices and procedures, is not subject to any regular or standardized review by ICANN...

I would think that everyone in the Business Constituency would understand the importance of a contractual relationship that defines and constrains this grant of power, and provides flexible and effective enforcement mechanisms, because that delegated power can extinguish substantial monetary investment and goodwill in a domain. Granting this kind of power absent any restraints is not an accountable practice."

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