[gnso-lockpdp-wg] Re: Domain lock committee - question lists
Thanks, Matt. To facilitate review of the draft questions, I've inserted them in the template we've used on previous occasions to obtain input from stakeholder groups and constituencies (see attached). I've also included the charter questions in this template. With best regards, Marika From: <Schneller>, Matt <Matt.Schneller@xxxxxxxxx<mailto:Matt.Schneller@xxxxxxxxx>> To: "Gnso-lockpdp-wg@xxxxxxxxx<mailto:Gnso-lockpdp-wg@xxxxxxxxx>" <Gnso-lockpdp-wg@xxxxxxxxx<mailto:Gnso-lockpdp-wg@xxxxxxxxx>> Cc: Marika Konings <marika.konings@xxxxxxxxx<mailto:marika.konings@xxxxxxxxx>> Subject: Domain lock committee - question lists 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<mailto:matt.schneller@xxxxxxxxx> | www.bgllp.com/schneller Attachment:
Locking WG - SG - C Input Template - 10 May 2012.doc
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