[ALAC] Draft ALAC Statement of PIC DRP

[Evan Leibovitch]

My comments are on the wiki page. do you need them repeated here?



On 1 April 2013 17:41, Alan Greenberg <alan.greenberg at mcgill.ca> wrote:

> Thanks Carlton. But after due consideration. I don't think I will
> include that in the formal statement.  :-)
>
> Alan
>
> At 31/03/2013 06:16 PM, Carlton Samuels wrote:
> >Um, harsh you say?  By gum.......I say again, it isn't worth a warm
> >bucket of spit.
> >
> >-Carlton
> >
> >==============================
> >Carlton A Samuels
> >Mobile: 876-818-1799
> >Strategy, Planning, Governance, Assessment & Turnaround
> >=============================
> >
> >
> >On Sat, Mar 30, 2013 at 6:20 PM, Alan Greenberg
> ><<mailto:alan.greenberg at mcgill.ca>alan.greenberg at mcgill.ca> wrote:
> >Holly had volunteered to look at the Public Interest Commitment (PIC)
> >Dispute Resolution Procedure (DRP) and see if an ALAC statement was
> required.
> >
> >Due to time constraints, she could not do this, and Olivier asked my
> >to follow up on it.
> >
> >I did so, and found that the DRP was, in my mind, not satisfactory.
> >The DRP can be found at
> ><http://newgtlds.icann.org/en/applicants/agb/draft-picdrp-15mar13-en.pdf>
> http://newgtlds.icann.org/en/applicants/agb/draft-picdrp-15mar13-en.pdf.
> >
> >The statement can be found at
> ><https://community.icann.org/x/pJlwAg>
> https://community.icann.org/x/pJlwAg
> >and is also reproduced below. It is short, but somewhat harsher than
> >those I would normally draft.
> >
> >Alan
> >
> >========================
> >ALAC Statement on Public Interest Commitments Dispute Resolution Procedure
> >
> >The ALAC is disappointed in the proposed mechanism for enforcement of
> >the new gTLD Public Interest Commitments.
> >
> >Although described a dispute resolution procedure, the process was
> >introduce whereby a Public Interest Commitment (PIC) could be
> >"enforced by ICANN"
> >(<
> http://www.icann.org/en/news/public-comment/base-agreement-05feb13-en.htm>
> http://www.icann.org/en/news/public-comment/base-agreement-05feb13-en.htm
> ).
> >
> >When announced, many in the community presumed that "enforced"
> >included an ICANN Compliance connection, and that "by ICANN" in fact
> >meant, "by ICANN".
> >
> >As it stands, the process:
> >
> >- Requires possibly significant fees, the magnitude of which are
> currently;
> >
> >- Requires that the complainant can show measurable harm due to the
> violation;
> >
> >- May be filed by ICANN, but there is no obligation to do so.
> >
> >Since no exception is noted, presumably ICANN could only file an
> >objection if ICANN itself could demonstrate that it was measurable
> >harmed. This sounds like a return to the days when the only sanctions
> >ICANN applied under the RAA were those where ICANN was not being paid.
> >
> >Using this same standard of language, one could say that "trade-marks
> >are enforced by ICANN" because it has provided the UDRP.
> >
> >There was much hope in the community that the PIC would go at least
> >part way to recovering from the mistake of not requiring all new gTLD
> >applicants to stand by their application promises once the new TLD is
> >delegated. This hope has not been satisfied.
> >
> >_______________________________________________
> >ALAC mailing list
> ><mailto:ALAC at atlarge-lists.icann.org>ALAC at atlarge-lists.icann.org
> >https://atlarge-lists.icann.org/mailman/listinfo/alac
> >
> >At-Large Online: <http://www.atlarge.icann.org>
> http://www.atlarge.icann.org
> >ALAC Working Wiki:
> ><
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
> >
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
> >
> _______________________________________________
> ALAC mailing list
> ALAC at atlarge-lists.icann.org
> https://atlarge-lists.icann.org/mailman/listinfo/alac
>
> At-Large Online: http://www.atlarge.icann.org
> ALAC Working Wiki:
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
>



-- 
Evan Leibovitch
Toronto Canada

Em: evan at telly dot org
Sk: evanleibovitch
Tw: el56