Uniform dispute resolution policy: A violation of the legal rights of domain name registrants?

• Main Authors: Fama, Kimberly Lace L., Reyes, Harly Jayson U.
• Format: text
• Language: English
• Published: Animo Repository 2007
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/10653
• Institution: De La Salle University

This legal research explores the interaction of internet and the two constitutional rights - Due Process Clause and Freedom of Speech Clause. The proponents discussed how the Uniform Domain Name Dispute Resolution Policy curtails the two-mentioned substantive right. The proponents find out that criticism is very significant in the business world. Such right to criticism is very significant in the business world. Such right to criticize should not be deprived to every individual living in a free and democratic society. If the UDRP will continue to curtail this substantive right - freedom of speech, harmonious relation among various countries might be at a risky condition. Moreover, a party who lost any case deserves the right to have his case reviewed. This is the essence of every due process - to find hope even in cases where there is slightest probability of winning. At the end, the proponents suggested recommendations on how to address the two sub-issues of the study. First, the proponents suggest that ICANN should take into consideration the findings of the proponents with regard to the possibility of free speech clause curtailment in parody-type cybersquatting. Specifically, the proponents, with regard to the issue on free speech clause, also suggest that a special panel should be created in arbitrating cases involving parody. Next, in terms of due process, the proponents recommend that a review board be created in order to efficiently decide on the various domain name disputes without curtailing due process clause. Lastly, the proponents recommend that further study on this field be conducted.