RE: [bc-gnso] PEDNAR (post expiration domain name recovery) PDP needs a constituency statement from us

["Michael D. Palage" <michael@xxxxxxxxxx>]

Philip/Mike R,

In the interest of preserving the BC position on this topic, I can also
report that the registry constituency will be submitting a comment after the
close of the formal comment period. Therefore, if we did submit a late
response we would not be alone.

I would like to submit the following statement for consideration to the
group, friendly amendments welcomed.

While the Business Constituency supports competition and innovation within
the marketplace, these principles should not compromise the rights of
registrants with regard to open, transparent and predicable practices
concerning expiring domain names. The Business Constituency would like to
thank ICANN staff for their support of the PEDNR Working Group to date. Two
staff members that have provided critical support to date are Marika
Konings, who will be overseeing a registrar survey to provide a more
accurate picture of the expiring domain name market and William McKelligott,
an Auditor from the ICANN Contractual Compliance Team, for his work in
accessing registrar compliance with regard to the Expired Domain Deletion
Policy (EDDP).

While the BC will await these survey results and other additional fact
finding prior to formulating a more detailed position statement, there is
one important point that the BC would like to make at this time in
connection with the accuracy of Whois data. The BC has long advocated in
support of increased accuracy of whois data. The preliminary work of the
Work Group appears to indicate that registrar practices in connection with
the transfer of domain names post expiration may result in inaccurate whois
data that may materially impact a trademark owners right to enforce their
rights through the UDRP. 

The BC apologizes for the untimely submission of this comment, but its
members and leadership look forward to meaningfully participating in the
upcoming forum at the ICANN annual meeting in Seoul.

Best regards,

Michael






-----Original Message-----
From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of
Philip Sheppard
Sent: Tuesday, September 22, 2009 8:41 AM
To: 'BC gnso'
Subject: RE: [bc-gnso] PEDNAR (post expiration domain name recovery) PDP
needs a constituency statement from us


Michael,
you are I agree.
I believe it IS an issue but regret the inaction to date by other BC
members.

Why could you not have spent the time writing your last e-mail by drafting a
BC
position?

Philip