[Random-bits] Questions to NCC candidates for ICANN/names council seat

[James Love]

The ICANN non-commerical domain owners constituency (the NCC) is
holding an election for a seat on the DNSO names council.  These
are questions that I have put to the three candidates.  
   
  Jamie


1.  ICANN is going to approve new TLDS.  Some will be unrestricted TLDs,
like .com or .org, and others will be resitricted, like .edu or .int.
How far should ICANN go in defining the terms of the restricted TLDs,
and how much should ICANN play a role in monitoring the content on the
new restricted TLDs?   For example, should the ICANN contract with the
new registry specific how the TLD is to be used, in terms of content,
and should ICANN retain the right to revoke the charter if the content
on the TLD does not conform to that contract?  


2.  This question concerns the relationship between trademarks and
domains.

a.  Does the current UDRP policy, as adopted by ICANN, provide
sufficient protections for the public's rights in the areas of free
speech, criticism, parody and rights of association?  If not, how should
this be addressed?

b.  Does the current ICANN/UDRP policy result in bad decisions on issues
such as the use of generic names, or in giving over-broad rights to
trademark owners, for example, by assuming exclusive rights to use a
trademarked name or phrase in domain strings, when non-exclusive use
would be permitted in other uses?  What if anything should be done with
the UDRP to address these problems?

c. Should ICANN create a list of "famous names" that would be reserved
in domain names?  If so, how would this work?  Would this preclude the
use of domains such as exxonsucks.com?  

d. Should new TLDs be required to adopt the IPC proposals for "sunrise"
preferences for trademark owners?  

e.  Will the trademark issues be different for unrestricted TLD strings,
such as .biz, .inc or .web, than for strings that narrow the apparent
meaning, such as .plumber, .books, .air, .travel, .union or .museum?


3.  This question concerns ICANN's role in protecting domain holders
from bad performance or abusive practices by registries, and on
protecting privacy.   

a.  Should ICANN protect domain name owners from incompetence or poor
technical performance by registry operators?  

b.  Should ICANN protect domain name owners from abusive business
practices by registries?  If so, what types of problems would be
appropriate for ICANN oversight?

c.  Would you support the idea of creating  alternative dispute
mechanisms (ADRs) to address disputes by domain owners against
registries (or registrars), on issues relating to consumer protection or
privacy?  Do you have suggestions on how this might work?

d.  Should there be price regulation of the new TLDs?  Would this depend
upon the structure of the TLD?  How would this work?

e.  Should ICANN adopt a policy on privacy for domain registrations and
IP number assignments?  How would ICANN do this?  Would it create a
working group or some other public forum for discussing privacy issues?


  Jamie

-- 
James Love  mailto:love@cptech.org http://www.cptech.org
Consumer Project on Technology, P.O. Box 19367, Washington, DC 20036
voice 1.202.387.8030  fax  1.202.234.5176