Domain names -- has the little guy already lost?

Judith Oppenheimer is a telecomms consultant who runs a newsletter site. She recently posted this rabble-rousing screed pointing in alarm at ICANN's dispute-resolution policy, which she calls a corporate takeover of the cyber realm. Excerpt:


Under new guidelines recently imposed, the user (no longer "owner") of a domain name may find the name has been reassigned to another company without their knowledge or permission (even if there is no trademark infringement claimed), and without any rights of adjudication.

Meanwhile, Dave Farber posted to his Interesting People mailing list this rather anonymous call to action against a proposed law, HR 3028, which the unnamed organizers claim would "grant sweeping new powers for trademark holders and undermine the rights of domain name holders, Internet users, and small businesses." Their exemplar of the proper way do resolve domain-name disputes is -- get this -- ICANN's.