Re: [gnso-igo-ingo] Exception Procedure

[Robin Gross <robin@xxxxxxxxxxxxx>]

I still maintain my objection to any provisions that won't register a  
domain unless a registrant can show it has a right to the name.
The need for special privileges has not been shown by most of those  
seeking it here.  It is not fair to shift the burden over to everyone  
else to have to show they are entitled to register a domain because  
one of these groups wants it.
I don't think there can be consensus on the creation of any  
privileges even remotely close to what is outlined below.  Continued  
work in this direction is wasted effort.  Those who want privileges  
should focus on what they can realistically expect to receive  
consensus on.
Thanks,
Robin


On Mar 19, 2013, at 3:18 PM, David Heasley wrote:

> Thomas and All,
>
> Here, as requested, is a more detailed outline of the exception  
> procedure to follow when an applicant claims a legitimate interest  
> in using a protected name.
>
> Goal: Where an applicant claims a legitimate interest in a second- 
> level domain name that is a protected name, our goal is to provide  
> a procedure for determining whether the application should proceed  
> to registration.
>             General Principles: The procedure must:
>
>             · Provide immediate notification to the applicant and  
> the protected organization when an application is refused  
> registration because a name is protected.
>             · Provide a channel of communication between the  
> applicant and the protected organization;
>             · Provide an impartial, expeditious, and inexpensive  
> process for determining if the applicant has a legitimate interest  
> such that its application should proceed to registration;
>             · Use existing dispute resolution procedures wherever  
> possible.
>
> Outline of Procedure:
>
>  1.  Notification of Conditional Refusal Based on Protected Name.   
> The applicant and protected organization will receive immediate  
> electronic notification if an applied-for second level domain is  
> conditionally refused registration because of a Protected Name in  
> the Clearinghouse.
> 2.  Declaration of Legitimate Use.
>
>     2.1  Each protected organization must record and maintain  
> accurate contact information with the Clearinghouse designating a  
> recipient and address to be notified electronically.
>     2.2  Within ten (10) days of receiving a conditional refusal,  
> an applicant may file a declaration with the Registry. The  
> declaration must identify the applicant accurately, provide  
> accurate contact information, and state that the applicant has a  
> good faith, legitimate interest in using the domain name that does  
> not violate any treaties, national laws or other legal entitlement  
> of the protected organization. A standard form will be provided.  
> The protected organization will receive a copy of the declaration  
> electronically at its given address when the declaration is filed  
> with the Registry.
>     2.3  If, within ten (10) days after receipt of the above  
> declaration, the protected organization does not file an objection  
> with the Registry, the subject application will proceed to  
> registration.
>    2.4. If, within ten (10) days after receipt of the above  
> declaration, the protected organization files an objection with the  
> Registry, the conditional refusal will be reviewed by an  
> independent Examiner.
> 3. Examination.
>
>     The examination procedure (which is under consideration and  
> will be discussed before this section is filled in) must comply  
> with the principles above. It must:
>         3.1 Be impartial;
>
>         3.2 Give both parties the opportunity to be heard;
>
>         3.3 Be expeditious; and
>
>         3.4 Use existing procedures whenever possible.
>
>
>
> Jim, Kiran, and I look forward to discussing this with the Group.
>
>
> David K. Heasley
> Silverberg, Goldman & Bikoff, LLP
> 1101 30th Street, N.W.
> Suite 120
> Washington, D.C. 20007
> Tel. 202.944.2339
> Fax  202.944.3306
> dheasley@xxxxxxxxx



IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
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