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RE: Complaint to Dept of Commerce on abuse of users by ICANN

2000-07-30 11:00:02
have you taken time to look into the numbers of people trying to
register? do you know what the planning estimates were before
registration campaigns were initiated by various organizations?
The planning numbers for registration were on the order of 10,000
people. As of a few days ago something like 145,000 people had


This excuse follows the same "excuse pattern" that ICANN provides for almost
every problem.  What keeps happening is that these groups that do the
"planning" do so in secret and routinely ignore comments and often do not
know what they are doing.  Then when all kinds of problems occur due to the
faulty planning there are all these claims that some schedule must be met
and that anyone who wants to correct the problems is trying to slow down the
process and should be ignored.

The same thing happened with the UDRP.  When that was written many people
complained about no appeals process (short of filing a lawsuit).  There are
also extremely short deadlines for responding to a complaint or filing the
"appeal" lawsuit (10 days).  The excuse that was given was that these
appeals were only a delaying tactic by "cybersquatters".  Here we are 8
months into the UDRP process and all kinds of problems have been identified
with some of decisions rendered.  The lack of an appeals process has
resulted in at least 5 federal lawsuits and there have been numerous
complaints about the short deadlines.  Now that people are asking ICANN to
fix it we get brushed off.  McLaughlin recommended lawyers publish the UDRP
problems in legal journals so ICANN can review these some time in the
future.  Meanwhile, known problem that could be corrected are allowed to
continue.

There have been 2 reconsideration requests filed concerning the issue of
ICANN posting the appeals lawsuits in the list of decisions.  ICANN's
response to the request
included:http://www.icann.org/reconsideration/rc00-5.htm

"The ICANN tables do not include notations relating to subsequent
litigation, because the ICANN staff is simply too small and too
overstretched to monitor and verify the hundreds of legal disputes that will
surely ensue."

This response is misleading as the only thing that needs to be monitored and
published is whether a domain owner files a lawsuit within 10 days and has
the domain transfer stopped.  I filed a reconsideration request on this
matter (based on ICANN's misleading response) and that reconsideration
request has been ignored.

Russ Smith
http://consumer.net