Video of Kathy's speech: http://www.youtube.com/watch?v=AgUC869bTVM >> *Good morning,* >> >> *My name is Kathryn Kleiman and I represent a group not even listed on >> the descriptions of attendees in the ICANN signup for today – I represent >> registrants.* >> >> *In my group, ICANN’s Noncommercial Users Constituency, our 102 members >> register their domain names on behalf of human rights groups, public >> interest groups, community and political groups worldwide. Some members risk >> their lives and livelihoods to post content about corruption, extortion and >> malfeasance. It is some of the very highest uses of the Internet.* >> >> *Yet, our domain names, and those we register in the future, will be at >> risk under the IRT proposal. I have been asked to share 3 quick points:* >> >> *1. The IRT proposal provides for only one type of abuse when there are >> two. The IRT fears trademark infringement, but not trademark lawyer abuse. >> Every day, trademark lawyers threaten domain names. Under the guise of >> trademark infringement, they drive out new competitors, squash those who >> investigate or criticize them, or simply try to snatch away a good domain >> name they did not think to register. The next group must dig from the deep >> expertise on both side of the abuse aisle; the next version must mitigate >> both abusive experiences.* >> >> *2. The IRT proposal goes far beyond the two limits which should be its >> bounds, that ICANN is a technical body with a limited scope and mission, and >> that trademark law as it exists under every law is bounded by protections >> for fair use and freedom of expression and the right to simply use language. >> * >> *For example, * >> >> *A. The IP Clearinghouse takes ICANN into the job of global rights >> protection and beyond its mission as a technical manager of domain names. >> For ICANN to enter this field would require it to become a trademark office, >> an examiner of the registered and unregistered marks being entered. For >> ICANN not be such an examiner, would create a gigantic database of >> unverified intellectual property which will be misused not only again >> against future domain name registrants but far outside the scope of ICANN as >> well.* >> >> *There may well be a need for this type of service, but the market **has >> shown that it can and will provide it. This is one need the market should be >> allowed to meet**.* >> *B. The Globally Protected marks List brings ICANN into an area even WIPO >> dares not tread. There is no international consensus on globally famous >> marks, and no list of such marks prepared by WIPO nor any other >> international organization. It is beyond the scope and mission of ICANN to >> be the first down this path. Further, the GPML proposal goes awry by >> protecting these trademarks, not as marks for certain goods and services, >> but as strings of characters protected across all new gTLDs, regardless of >> use or relevance. This list will remove from the domain name dictionary >> basic words, including Apple, Sun, Time and People. That ICANN cannot allow. >> * >> >> 1. >> >> *The Uniform Rapid Suspension Service is among the most dangerous >> provisions. It will replace the Uniform Dispute Resolution Policy with a >> faster, cheaper and fundamentally more unfair process. It strips UDRP of >> those few aspects that made it fair, including strong requirements for >> notice, and a reasonable response time. Domain name registrants will lose >> their domain names and website speech before they ever know a challenge has >> been filed. As many said in their comments, this is a case of UDRP reform, >> but an invalid UDRP replacement.* >> >> *We have strong objections to the thick whois and post-delegation dispute >> mechanism, but time grows short.* >> >> >> >> *Overall, the IRT Report includes only one half of trademark law – its >> rights, but not its limits or fair use protections. The free and fair use of >> language requires this balance – and the free and fair of domain names too. >> * >> >> >> >> *For Registrants, those at the base of the ICANN Pyramid, those >> registering domain name for years into the future, we have to get these >> rules right, and we must make them fair. * >> >> >> >> *Thank you.* >> >> >> >> >> > > --------------------------------------------------------------- Joly MacFie 917 442 8665 Skype:punkcast WWWhatsup NYC - http://wwwhatsup.com http://pinstand.com - http://punkcast.com ---------------------------------------------------------------