[gnso-lockpdp-wg] Feedback

[Luc SEUFER <lseufer@xxxxxxxxxxx>]

Dear  “Co-Workers”,

Before we all dive into this Working Group charter per se, I would be very 
interested in hearing your point of view on the following. Considering, we may 
not amend the UDRP Policy nor the UDRP rules in any way at this point. 
(http://gnso.icann.org/resolutions/#201112)

How do you fathom a “sub-policy” on locking domain names subject to UDRP 
proceedings, which will have to abide by the following provisions?


First, do you believe that the Lock should be applied upon submission of the 
complaint, at a stage where the UDRP Provider has not reviewed the complaint 
for administrative compliancy? And where such lock may potentially harm the 
Registrant? (and especially render the Registrar liable for bereaving the 
Registrant of its rights on their registration)

As the payment of the arbitration fee is not required at this stage, any 
ill-intentioned party could obtain the Lock of a Domain Name by just submitting 
a complaint no matter its legitimacy.


1. 4.Notification of Complaint
(a) The Provider shall review the complaint for administrative compliance with 
the Policy and these Rules and, if in compliance, shall forward the complaint, 
including any annexes, electronically to the Respondent and shall send Written 
Notice of the complaint (together with the explanatory cover sheet prescribed 
by the Provider's Supplemental Rules) to the Respondent, in the manner 
prescribed by Paragraph 2(a), within three (3) calendar days following receipt 
of the fees to be paid by the Complainant in accordance with Paragraph 19.
(b) 
If the Provider finds the complaint to be administratively deficient, it shall 
promptly notify the Complainant and the Respondent of the nature of the 
deficiencies identified. The Complainant shall have five (5) calendar days 
within which to correct any such deficiencies, after which the administrative 
proceeding will be deemed withdrawn without prejudice to submission of a 
different complaint by Complainant.
(c) The date of commencement of the 
administrative proceeding shall be the date on which the Provider completes its 
responsibilities under Paragraph 2(a) in connection with sending the complaint 
to the Respondent.
(d) The Provider shall immediately notify the Complainant, 
the Respondent, the concerned Registrar(s), and ICANN of the date of 
commencement of the administrative proceeding.


Furthermore, the Registrant details may be updated during the whole 
administrative proceeding stage:

2. Communications

(e) Either Party may update its contact details by notifying the Provider and 
the Registrar.



And then during the dispute:


8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain 
name registration to another holder (i) during a pending administrative 
proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) 
business days (as observed in the location of our principal place of business) 
after such proceeding is concluded; or (ii) during a pending court proceeding 
or arbitration commenced regarding your domain name unless the party to whom 
the domain name registration is being transferred agrees, in writing, to be 
bound by the decision of the court or arbitrator. We reserve the right to 
cancel any transfer of a domain name registration to another holder that is 
made in violation of this subparagraph.

b. Changing Registrars. You may not transfer your domain name registration to 
another registrar during a pending administrative proceeding brought pursuant 
to Paragraph 4 or for a period of fifteen (15) business days (as observed in 
the location of our principal place of business) after such proceeding is 
concluded. You may transfer administration of your domain name registration to 
another registrar during a pending court action or arbitration, provided that 
the domain name you have registered with us shall continue to be subject to the 
proceedings commenced against you in accordance with the terms of this Policy. 
In the event that you transfer a domain name registration to us during the 
pendency of a court action or arbitration, such dispute shall remain subject to 
the domain name dispute policy of the registrar from which the domain name 
registration was transferred.


(http://www.icann.org/en/help/dndr/udrp/policy and 
http://www.icann.org/en/help/dndr/udrp/rules)

As much as I understand the need for a clear and secure process for locking 
domain names during the UDRP proceedings, I am also aware we will have to 
conjugate this need with the above - which in my opinion diminish the 
efficiency of any locking measures- and I am not sure how.

Thanks for your time and feedback.


Best Wishes,

Luc



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