Uniform Rapid Suspension - Notices to registrants
The current draft version says, with regard to the URS process (5.1): "A Registrant will have 14 days from the date the URS Provider sent its Notice of Complaint". The agreement reached earlier by the community was 20 days. There is no explanation given why this delay was shortened. While 14 days may be enough to reach domain name professionals, it is unfair to individuals, who might not expect such URS notices (and might not even know about this process altogether). Further, this contradicts 4.3, which states that notices are also sent by postal mail. Contrary to e-mail delivery, which is nearly instantaneous, delivery times for postal mail vary widely, especially for international delivery. There should be a requirement on the URS provider to guarantee the delivery within a defined time frame, for example by using express courier services. That would also have the benefit to obtain a proof of delivery. The 20 days to file a response to URS request should then start at the time of the paper mail delivery. Please note also that delivering notices by e-mail is in itself broken by design. E-mail is an unreliable method of notification, as noted by many courts worldwide, which reject it as an proof of evidence. There is no guarantee that an e-mail is delivered at all. It could be caught by spam filters. It could be tampered with along the way, etc. Please reconsider both the method for notifying registrants and the delay for replying to URS notices. Respectfully submitted, Patrick Vande Walle ALAC and SSAC, speaking in a personal capacity |