models of consensus (Journey to Consensus, 10:22:07 AM, #579)
There have been other institutions that incorporate consensus as a decision-making tool. What real-life models has ICANN considered in attempting to implement consensual decision-making, and to what extent have these been found relevant?
UDRP (Tutorials, 11:19:16 AM, #580)
Because it requires a mandatory proceeding, the UDRP requires US citizens who want a domain name to contractually agree to submit to a process that is not obligated to respect the property or due process rights they possess under law.
How does the Department of Commerce -- a government agency -- authorize ICANN to do something that the Deparment itself is not authorized to do under the Constitution?
Are the "consensus" and "bottom-up" requirements in ICANN's contract assumed to have dispensed with this matter?
Dennis Schaefer
Marblehead MA
(TLD Competition, 2:11:20 PM, #581)
A famous mark holder once claimed to me that they
believed themselves entitled to any gTLD registration of their name by dint of their Section 42 Trademark classification.
This suggests that classification schemes may be essential to avoid a land rush of litigation.
Dennis Schaefer
Marblehead MA USA
(TLD Competition, 2:27:38 PM, #582)
Would anyone object in principle to the notion of ICANN's proposing a classification system to the sources of international law? Then waiting for an answer?
It seems to me the question here is one in which ICANN cannot simply 'administer' the question of names without entering the content of trademark law.
Dennis Schaefer
Marblehead MA USA
(TLD Competition, 3:57:14 PM, #584)
I was very disappointed to learn that ICANN had abandoned the idea of direct election, in favor of an At Large body.
This seems to me to favor the capture of the council by trade associations and organized bodies that can monitor ICANN activities as part of their professional life.
Comments?
Dennis Schaefer
Marblehead MA USA
(TLD Competition, 4:19:13 PM, #585)
I am a member of the DNSO general assembly. I can't elect Board members there even though I participate in a working group.
Now I also cannot elect the At Large Board Members. It sounds melodramatic, but I as a fully participating individual am a second class citizen in ICANN terms.
I think this violates the spirit and the letter of the MoU.
Dennis Schaefer
Marblehead MA USA