Re: [gnso-lockpdp-wg] Feedback

["Michele Neylon :: Blacknight" <michele@xxxxxxxxxxxxx>]

Luc

These are the kind of questions that this working group will need to tackle :)

Regards

Michele


On 16 Apr 2012, at 20:25, Luc SEUFER wrote:

> 
> 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 proceeding will be deemed withdrawn without prejudice to submission of a 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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Mr Michele Neylon
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