RE: [gnso-irtp-b-jun09] For your review - draft IRTP Part B Initial Report

["Erdman, Kevin R." <Kevin.Erdman@xxxxxxxxxx>]

Michael and all:

 

The dispute portion of the ETRP only occurs after the transfer is reversed,
so for TDRP purposes there would have been a transfer within the last 60 days
(the reverse transfer).

_____________________________________________________________________________
___________________________

Kevin R Erdman  T: 317.237.1029 | F: 317.237.8521 | C: 317.289.3934
Intellectual Property, Internet, and Information Attorney, Registered Patent
Attorney
BAKER & DANIELS LLP WWW.BAKERDANIELS.COM <http://www.bakerdaniels.com/>  300
N. MERIDIAN STREET, SUITE 2700 | INDIANAPOLIS, IN 46204

 

From: Michael Collins [mailto:mc@xxxxxxxxxxxxxxxxx] 
Sent: Wednesday, May 12, 2010 3:47 PM
To: Erdman, Kevin R.; Gnso-irtp-b-jun09@xxxxxxxxx
Subject: RE: [gnso-irtp-b-jun09] For your review - draft IRTP Part B Initial
Report

 

Kevin and all:

 

> My reference to the TDRP was a bad choice of words.  Rather, substitute the
Dispute provisions of the ETRP (which mirror TDRP in many but not all ways).

Not really, the Disputed ETRP is only a means to trigger or require a TDRP. 

 

> As for the Registrant notification element, that second notice upon
completion may not work if the Registrant address is the domain at issue.

Agreed, but hopefully the Registrant is more likely to notice a hijacking if
emails quits working.

 

Best regards,

Michael Collins

+1. 407 242 9009 mobile

 

From: owner-gnso-irtp-b-jun09@xxxxxxxxx
[mailto:owner-gnso-irtp-b-jun09@xxxxxxxxx] On Behalf Of Erdman, Kevin R.
Sent: Wednesday, May 12, 2010 3:27 PM
To: Michael Collins; Gnso-irtp-b-jun09@xxxxxxxxx
Subject: RE: [gnso-irtp-b-jun09] For your review - draft IRTP Part B Initial
Report

 

Michael and all:

 

My reference to the TDRP was a bad choice of words.  Rather, substitute the
Dispute provisions of the ETRP (which mirror TDRP in many but not all ways).

 

As for the Registrant notification element, that second notice upon
completion may not work if the Registrant address is the domain at issue.

_____________________________________________________________________________
___________________________

Kevin R Erdman  T: 317.237.1029 | F: 317.237.8521 | C: 317.289.3934
Intellectual Property, Internet, and Information Attorney, Registered Patent
Attorney
BAKER & DANIELS LLP WWW.BAKERDANIELS.COM <http://www.bakerdaniels.com/>  300
N. MERIDIAN STREET, SUITE 2700 | INDIANAPOLIS, IN 46204

 

From: Michael Collins [mailto:mc@xxxxxxxxxxxxxxxxx] 
Sent: Wednesday, May 12, 2010 3:21 PM
To: Erdman, Kevin R.; Gnso-irtp-b-jun09@xxxxxxxxx
Subject: RE: [gnso-irtp-b-jun09] For your review - draft IRTP Part B Initial
Report

 

Kevin and all:

 

I understand the scenario that you are trying to guard against. It seems like
a valid concern. However, I am not sure that it is wise to have no deadline
for filing an ETRP. For one thing, the TDRP is limited to six months after a
transfer, meaning that a TDRP could not be used to resolve a Disputed ETRP
after six months. If we keep the "becoming aware" language, we should
consider extending the deadline no longer than would accommodate a TDRP
filing.

 

As an option to extending the deadline for filing an ETRP or to supplement
it, we could suggest a change to IRTP policy requiring the Registrar of
Record to notify the Registrant of transfer requests. It is optional now.
Further, we could suggest requiring a second notice upon completion of a
transfer to increase chances that notification is received. Thoughts about
this?

 

Best regards,

Michael Collins

 

 

From: owner-gnso-irtp-b-jun09@xxxxxxxxx
[mailto:owner-gnso-irtp-b-jun09@xxxxxxxxx] On Behalf Of Erdman, Kevin R.
Sent: Wednesday, May 12, 2010 1:48 PM
To: Marika Konings; Gnso-irtp-b-jun09@xxxxxxxxx
Subject: RE: [gnso-irtp-b-jun09] For your review - draft IRTP Part B Initial
Report

 

Dear All,

 

I believe this was discussed in the prior teleconference, but here is a brief
summary of the rational for using the 'Registrant becoming aware of the
transfer' language.  If I were a hijacker and wanted to avoid the ETRP, I
would reset the Registrant info and transfer the domain but not change any of
the DNS settings (so the domain proprietor would have no reason to check on
the status of the domain registration).  Then after the 60 day period, the
hijacker changes the DNS info and the prior Registrant finds that its web
site does not work.  This 'Registrant becoming aware of the transfer'
language allows a Registrant to invoke the ETRP in such a situation, but
require that the prior Registrant explain its situation.  The veracity of the
prior Registrant explanation would not necessarily be examined, but could be
a basis for reversing an ETRP in a situation where a prior Registrant was
abusing the process and such explanation was discredited in a TDRP.

_____________________________________________________________________________
___________________________

Kevin R Erdman  T: 317237.1029 | F: 317.237.8521 | C: 317.289.3934
Intellectual Property, Internet, and Information Attorney, Registered Patent
Attorney
BAKER & DANIELS LLP WWW.BAKERDANIELS.COM <http://www.bakerdaniels.com/>  300
N. MERIDIAN STREET, SUITE 2700 | INDIANAPOLIS, IN 46204

 

From: owner-gnso-irtp-b-jun09@xxxxxxxxx
[mailto:owner-gnso-irtp-b-jun09@xxxxxxxxx] On Behalf Of Marika Konings
Sent: Wednesday, May 12, 2010 5:16 AM
To: Gnso-irtp-b-jun09@xxxxxxxxx
Subject: [gnso-irtp-b-jun09] For your review - draft IRTP Part B Initial
Report

 

Dear All,

Following the IRTP Part B WG meeting yesterday, please find attached and
posted on the wiki (https://st.icann.org/irtp-partb/) an updated version of
the draft Initial Report for your review. I have integrated the proposed ETRP
language, from the latest draft circulated by Kevin yesterday, in Annex C.
Please note some changes I made highlighted in blue in Annex C, as well as
some outstanding issues highlighted in yellow. I also highlighted one
addition that was made by Kevin that as far as I recall was not discussed on
yesterday's meeting in relation to the 'Registrant becoming aware of the
transfer'. It is not clear to me what that actually means or how that could
be enforced. Maybe Kevin could provide some additional clarification? Annex C
will need to be further updated once the sub-team provides its definitions of
registrant. Also, there is still a placeholder in the report for a
recommendation for issue D, which is on Michele's 'to do' list.

As agreed yesterday, you are strongly encouraged to review the draft Initial
Report and share your edits / comments with the mailing list at the latest by
19 May so that a final review can take place at our meeting on 25 May.

Thanks,

Marika 

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