[gnso-lockpdp-wg] Domain lock committee - question lists

["Schneller, Matt" <Matt.Schneller@xxxxxxxxx>]

Hi everyone,

As promised, here are two very basic working lists of questions that we can 
provide to (a) the registrar constituent group and (b) the UDRP dispute service 
providers. These could provide us considerable background data about current 
registrar practice, and really help us to ground our discussions and attempts 
to define "locking" and locking obligations based on current, real-world 
practice. This may also help us provide some concrete facts for the public to 
take note of / comment upon in any later request for public comments!

This is a very preliminary list - please suggest any comments or changes (I am 
sure it needs plenty of both!) Also, sorry in advance for missing to today's 
call - I am traveling today and won't be able to make it.

Registrars. Here is a working list of questions that we could consider asking 
to the registrar constituent group:

· Do you lock domain names during UDRP proceedings?
· Do you lock a domain name upon receipt of a UDRP complaint from the 
complainant (i.e. where the complainant copies the registrar on an e-mail 
serving the complaint on the registrant and UDRP dispute service provider)?
· If so, what is the median amount of time it takes for you to impose the 
domain name lock, from receipt of e-mail notice from the complainant?
· Does your website list an e-mail address that UDRP complainants should use to 
send you a copy of UDRP complaints?
· Do you lock a domain name upon receipt of notice of commencement from the 
UDRP dispute service provider?
· If so, what is the median amount of time it takes you to impose the domain 
name lock, from receipt of e-mail notice from the UDRP dispute service provider?
· When a domain name is locked pursuant to a UDRP, does the lock prevent 
transfer to another registrar?
· When a domain name is locked pursuant to a UDRP, does the lock prevent 
transfer to another account at the same registrar?
· When a domain name is locked pursuant to a UDRP, does the lock prevent 
modification of WHOIS data, e.g. registrant information?
· When a domain name is locked pursuant to a UDRP, does the lock prevent 
modification of any WHOIS data except for where a bona fide “privacy” or 
“proxy” service is the listed registrant, and that service substitutes the 
information that it already has on file for the “actual” registrant?
· When a domain name is locked pursuant to a pending UDRP, but passes its 
expiration date (without renewal), do you allow the domain name to expire? Or 
do you wait until the UDRP proceeding and 15 day "wait period" are complete?
· If the UDRP is decided in favor of the complainant, after expiration of the 
15 day "wait period" after a decision, do you move the domain name into an 
account accessible only to the complainant? When is the lock then removed?
· If the UDRP is decided in favor of the registrant, do you unlock the domain 
name once the 15 day "wait period" has expired? How quickly do you unlock the 
domain (median time period)?

UDRP Service Providers. Here is a working list of questions that we could 
consider asking to the dispute service providers (WIPO, NAF, Czech Arbitration 
Court, Asian Domain Name Dispute Resolution Center):

· In what percentage of UDRPs that you handle do registrars lock the domain 
name(s) at issue?
· In what percentage of UDRPs that you handle do registrars lock a domain name 
upon receipt of a UDRP complaint from the complainant (i.e. where the 
complainant copies the registrar on an e-mail serving the complaint on the 
registrant and UDRP dispute service provider)?
· When registrars lock domain names upon receipt of a UDRP complaint from the 
complainant, what is the median amount of time registrars take to impose the 
domain name lock, from receipt of e-mail notice from the complainant?
· In what percentage of UDRPs that you handle do registrars lock a domain name 
upon receipt of notice of commencement from you?
· When registrars lock domain names upon receipt of a notice of commencement 
from you, what is the median amount of time registrars take to impose the 
domain name lock, from receipt of e-mail notice of commencement from you?
· How long (median time) does it take you to issue a notice of commencement 
from the time of receipt of a UDRP complaint from a complainant, where the 
complaint has followed all UDRP Rules and your Supplemental Rules?
· In what percentage of UDRPs that you handle does a registrar's domain name 
lock prevent transfer to another registrar?
· In what percentage of UDRPs that you handle does a registrar's domain name 
lock prevent transfer to another account at the same registrar?
· In what percentage of UDRPs that you handle does a registrar's domain name 
lock prevent modification of any WHOIS data, e.g. registrant information?
· In what percentage of UDRPs that you handle does a registrar's domain name 
lock prevent modification of any WHOIS data except for where a bona fide 
“privacy” or “proxy” service is the listed registrant, and that service 
substitutes the information that it already has on file for the “actual” 
registrant.
· In what percentage of UDRPs that you handle does a registrar's domain name 
lock pursuant to a UDRP prevent expiration of a domain name that passes its 
expiration date (without renewal) while a UDRP proceeding is pending (or in the 
15 day "wait period" thereafter)?
· If the UDRP is decided in favor of the complainant, in what percentage of 
cases does the registrar or the registrar's lock hinder transfer of the domain 
name to the complainant after the 15 day "wait period" expires?
· If the UDRP is decided in favor of the registrant, in what percentage of 
cases does the registrar not unlock the domain name once the 15 day "wait 
period" has expired?

Thanks in advance for any comments or suggestions! Best,

Matt Schneller | Attorney | Bracewell & Giuliani LLP
701 Fifth Avenue, Suite 6200, Seattle, WA 98104-7043
T: 206.204.6241 | F: 800.404.3970 | C: 206.679.1895
matt.schneller@xxxxxxxxx | www.bgllp.com/schneller