WIPO Final Report

[Diane Cabell <cabell@mama-tech.com>]

(This is a duplicate of a comment posted at comment-ip.icann.org)

In support of my colleagues who have submitted a "Petition to ICANN and the
US Department of Commerce" on 6 May, I urge the Board of Directors not to
implement any of the WIPO Final Report recommendations at the Berlin
meeting.  Months of work by dozens, perhaps hundreds, of individuals have
gone into debating and designing a representative structure for ICANN.  The
consistent goal throughout such efforts has been to create a
decision-making body that sits squarely and solidly on the consensus of its
unique and divergent constituencies.

A decision by the Initial Board to implement a set of regulations which
have been designed primarily to benefit a single interest group (famous
trademark owners) is one which would not be received as authentic if is
made without the support of a wider base of affected interests.  Non-famous
mark owners, non-commercial domain holders, small businesses operating
under personal names and ordinary users have not been adequately
represented in this proposal for domain dispute resolution.

I urge the Initial Board to first ensure the formation of an open and
representative DNSO; one from which no valid constituent is banned.  Once
the Board has established such a purposeful and authoritative DNSO, the
entire Internet community would benefit from that body's careful and
deliberate review of the WIPO proposals.  From that process would come an
authentic ICANN recommendation, not solely a WIPO recommendation.

Diane Cabell
Harvard University
ICANN Membership Advisory Committee