02 December, 2010

WIPO assails ICANN Staff's Guidebook conclusions

Writing to the public forum, WIPO states:

"Regrettably, our preliminary review of the Guidebook confirms our previous observation that ICANN’s determinations rely principally on an institutionalized framework of committees and processes stated to cover the views of broader communities, but appear synchronized with registration purposes. Merely by way of illustration, the ICANN Summary and Analysis of public comments on DAG4 states that “[s]ome think they [RPMS] are sufficient, some think they are not…”; whereas a review of comments shows 6 comments supporting trademark RPM sufficiency, but over 30 comments (including those of major representative bodies) indicating the opposite.

Such substitution of process for substantive dialogue can hardly be reconciled with the Affirmation of Commitments calling for ICANN “to provide a thorough and reasoned explanation of decisions taken, the rationale thereof and the sources of data and information on which ICANN relied.” "

WIPO goes on to describe the URS as "an overburdened procedure", they state that "ICANN’s current PDDRP fails to account for profiting from willful blindness", and finally they write:

"The June 2010 ICANN-sponsored Economic Analysis advised among other recommendations, “to continue ICANN’s practice of introducing new gTLDs in discrete, limited rounds.” By contrast, ICANN seeks to facilitate a program which foresees an unprecedented 200 to 300 (and up to 1,000) TLDs in a first round. Whether driven by legal concerns, business interests, or technical capacity, again, the apparent discrepancy between advice and action calls for adequate explanation."

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