Enforcement: The Next Battleground
Date: Wednesday June 04 2003, @10:32AM
Topic: Registrars

Martin B. Schwimmer of the Trademark Blog, offers this pointer to the Intellectual Property Constituency (IPC) request for feedback regarding 'registrar compliance' - i.e. making ICANN enforce duties on registrars.

I think this is only the tip of the first of flotilla of icebergs. Updated

ICANN has many contracts that impose duties or that give ICANN nebulous powers to 'accredit' (think UDRP providers). To date ICANN has almost never exercised its powers except against registries. [There is at least one case where Louis Touton beat up on a registrar, and he certainly put e-resolution through the wringer before allowing it to be accredited, but these were I suspect atypical.] But the defined powers and (arguably) the standardless discretion are there. Nature abhors a vacuum.

Update: Personally, I think ICANN is ill-equipped to engage in these 'compliance' activities. ICANN should instead write third-party beneficiary agreements and invite others to shoulder the burden of litigation.

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