Kathy, thanks to share this draft. It's very important and I wish if possible to have a french version allowing me to share it among different plat form and network in DR Congo and Central Africa by national and sub regional mailing list. I tried to do a substantial translation but I have fear to go out understanding content. congratulations for this work. Baudouin 2009/6/23 Kathy Kleiman <[log in to unmask]> > Hi All, > For discussion purposes a little later in our meeting today, here is a > DRAFT Joint Statement on the IRT Report between NCUC and ALAC. > It would be very nice if, at the Board Public Forum on Thursday, we could > go up together with ALAC to make a strong joint statement. > That would make the Board wake up! :-) > > Best, > Kathy > (below in text and attached in Word) > > DRAFT > > Joint Statement on the DIRT Report > > From ALAC and NCUC > > > > > > The At-Large Community, ALAC and the Non-Commercial Users Constituency of > ICANN strongly support the creation of new gTLDs. Having said that, the > process to move forward with changes to the DAG Guidebook requires the > legitimacy of full community participation and full transparency. > > In the case of the IRT Report, we had neither transparency nor openness. > The IRT Report and its recommendations harm the interests of domain name > Registrants and Internet end users, and consequently we must object to the > vast bulk of its recommendations. > > > To be more specific: > > 1. The Globally Protected Marks List – the GPML database- is a matter well > beyond ICANN's scope and its core competence. It presumes to be able to > resolve an issue that even WIPO wrestles with. Clearly the creation of the > GPML, if even possible, would cause enormous complexity. Instead of speeding > up the process of creating new gTLDs, it would introduce delays that would > last for years. But the creation of this list must take place outside of > ICANN. > > 2. The GPML takes no consideration of the actual limits of rights and > protections allowed to trademarks. In the real world, trademark owners apply > for a trademark in a specific class of goods and services, and their use is > bound to that class or classes. By protecting a string of letters in all new > gTLDs, the GPML would extend trademarks into new gTLDs far beyond the bounds > of their class of goods and services, far beyond existing national laws and > internationatreaties. > > > 3. We have enormous problems with the Uniform Suspension Service (URS). The > URS mechanism subverts conventional UDRP practice as it gives entirely > insufficient time for notice to the registrant of the pending dispute. Thus, > the registrant is unfairly limited in his/her right of response and the > process is missing the fundamental principle of due process. > > > [ Kathy Note: This paragraph below seems to be somewhat controversial > within ALAC. I think we will be dropping it. Don't worry, we'll include the > statement in our comments -- if you all agree] > 4. ALAC and NCUC strongly object to the Thick Whois Registry. In mandating > such, the IRT Committee did not address any of the privacy issues that arise > from moving personal data from many countries with data protection laws, > perhaps, to a single country without data protection. Does ICANN really want > to be in a position in which it may be violating national laws? > > Overall, we wish the result were different. We wish the IRT had delivered a > reasonable proposal for the protection of trademarks. But the product > delivered is far outside the scope and core competence of ICANN, and outside > the bounds of trademark law. > > We can do better; we must do better before we move forward. > > Consequently, NCUC and ALAC stand before this forum together in fundamental > opposition to many of the IRT Results. > > > > > > Signed [for sharing a written cop y of a floor statement with the Board] > > > > ALAC > NCUC > > > > __________________ > __________________ > > __________________ > __________________ > > > > -- SCHOMBE BAUDOUIN COORDONNATEUR NATIONAL REPRONTIC COORDONNATEUR SOUS REGIONAL ACSIS/AFRIQUE CENTRALE MEMBRE FACILITATEUR GAID AFRIQUE téléphone fixe: +243 1510 34 91 Téléphone mobile:+243998983491/+243999334571 email:[log in to unmask] <[log in to unmask]> http://akimambo.unblog.fr http://educticafrique.ning.com/