30 May 2014

Rogue Justice, UDRPs, ICANN, WIPO

The problems with ICANN's UDRP process are rampant, yet ICANN has failed to take corrective action:

A domain investor goes to WIPO’s home in Geneva to learn more about UDRP | Domain Name Wire (Nat Cohen): "ICANN has apparently abdicated any oversight role over the UDRP. The absence of ICANN oversight means there is no authority that can correct problems in the implementation of the UDRP, such as misapplication of the policy, incorrect interpretations, inconsistent decisions, or rogue panelists. WIPO does not view its role as determining the proper interpretation of the UDRP. The panelists must therefore take on, whether willingly or unwillingly, the responsibility to interpret and implement the UDRP." (read more at the link above)

So what happens? Terrible, inconsistent decisions are multiplying. In many cases lawful domain registrants have had their domain names in effect "stolen" through use of ICANN's UDRP process by claimants who decided not to purchase the domain legally but took a chance on getting a favorable decision from rogue panelists. And ICANN has done nothing to correct or prevent this kind of UDRP abuse.

And now, with the US-IANA transition, ICANN wants to be accountable only to itself?

Remember what Kieren McCarthy wrote over 2 years ago:

The case study that could kill ICANN | .Nxt | Internet policy and governance: "ICANN is organizationally misconfigured to deal with the demands of 22, let alone 1,022 Internet registries... the first instinct of the organization is to hide from this fact, even to the extent that it will willfully ignore serious flaws in its systems, and flagrant breaches of contract..." (emphasis added)

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