Dispute Resolution Policy

[Christopher Zaborsky <zaborsky@mindless.com>]

The following are comments I would like to make about the proposed
Domain Name Dispute Resolution Policy.


Section 2: "you will not knowingly use the domain name in violation of
           any applicable laws or regulations."

I don't believe this should be of any concern to ICANN or the registrar.
Past court decisions have determined that a domain name is considered
property of the registrant.  If I purchase a vehicle, do I have to sign
an agreement stating that I will not speed?  This item could clearly be
used by the registrar to dictate what I may and may not have on my web
page, and by individuals and governments for censorship.


Section 4: " you have no rights or legitimate interests in respect of
           the domain name;"

If I register a domain name simply because it hits my fancy, and a
year later some large corporation registers it as a trademark, why
would they have the right to take property that I have previously
staked out?  Is is the equivalent to purchasing lake front property in
the 1800's and having it taken from me in present day simply because
I did not build a house on it.  What would give anyone this right?!?


In conclusion, please consider the rights of the individual, and small
business.  Although no one likes a "cyber squatter", simply registering
a domain name with no current designs on it does not mean a person
plans on extorting money for it.


Thank you,
Christopher Zaborsky