Tuesday, February 08, 2005

Whither UDRP Review?

On the NCUC discussion list Chun Eung Hwi asks:

I am sorry for this question, but I am wondering where we are in UDRP review. I remember Marc Schneiders had tried to raise up that issue earlier last year, but I have never heard what happened in GNSO council. Is it wrong? Is there anybody to explain what happened and why it seems to have disappered on the agenda of gnso counicl meeting. Today as I glimpsed at the proposed agenda of gnso council meeting, I remembered it again.

The answer to Chun's question dates back to the August 1, 2003 Staff Manager's Issues Report on UDRP Review produced by Dan Halloran. ICANN Staff came to the following conclusions:

A. There are only some issues that are within ICANN's mission.
B. Revision of the UDRP is likely to be contentious; there are not many (if any) areas that are obviously amenable to achieving consensus. (Note: the UDRP is a consensus policy, and should be revised only by consensus.)
C. While there are some areas where improvements may be possible, there does not appear to be an urgent need for revision – evidence of this is the failure of the previous task force to come to closure on any issue.
D. The GNSO Council has other issues (Whois, WIPO-2, etc.) that may warrant a higher priority. Given the limited bandwidth of the PDP, some decisions about prioritization should be made.

By the time of the Carthage ICANN Session, the GNSO Council had decided that there was a report listing the top 5 Universal Dispute Resolution Policy (UDRP) issues by constituency on the GNSO website -- The issues were fairly spread, no one issue had more than three constituencies' support which indicated that there was no strong issue requiring attention and that further work could be undertaken after the WHOIS and the New Registry Services work was complete in 2004.

Finally, the GNSO Names Council dissolved the UDRP Task Force.

Of course, the WHOIS work will never be completed, and the New Registry Services work still hasn't been completed. For a scathing review of the UDRP Task Force Process please feel free to review the comments of Ethan Katsh.


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