[Comment-Ip] ICANN and WIPO in Berlin

["Bret A. Fausett" <baf@fausett.com>]

The latest agenda items for the Berlin ICANN meeting 
(http://www.icann.org/berlin/berlin-details.html) suggest that "[t]he 
ICANN Board of Directors will meet to discuss and vote on any pending 
resolutions with regard to...WIPO Final Report, including annexes." ICANN 
has invited public comment on the WIPO report 
(http://www.icann.org/wipo/wipo.htm) and has stated that "[c]omments 
received by midnight, U.S. West Coast  time, May 21, will be considered 
by the ICANN Board of Directors in advance of any action on these matters 
at the May 27 ICANN Board meeting in Berlin."

Of course, "any action" on WIPO could include accepting and implementing 
the report's recommendations, but it could also include referring the 
report to the DNSO. I would respectfully suggest that the ICANN Board 
take the latter approach. 

Not only will this approach ensure, to the greatest extent possible, that 
the community finds consensus on what has been a controversial document, 
but it could provide the additional time necessary to allow the election 
of the nine at-large board members and the election of board members from 
the three Supporting Organizations. The domain name issues raised by the 
WIPO Report are some of the most difficult issues facing ICANN, and they 
should be resolved within the SO structure and by the permanent board.

     -- Bret Fausett