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

["John Berryhill, Ph.d., Esq." <john@xxxxxxxxxxxxxxxxx>]

> · 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?
I don't know if this is a "trick question", but this subject is covered 
in the Expired Domain Deletion Policy, which is integrated into the 
Registrar Accreditation Agreement, and which prescribes action in this 
situation:
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http://www.icann.org/en/resources/registrars/accreditation/eddp

3.7.5.7 In the event that a domain which is the subject of a UDRP 
dispute is deleted or expires during the course of the dispute, the 
complainant in the UDRP dispute will have the option to renew or restore 
the name under the same commercial terms as the registrant. If the 
complainant renews or restores the name, the name will be placed in 
Registrar HOLD and Registrar LOCK status, the WHOIS contact information 
for the registrant will be removed, and the WHOIS entry will indicate 
that the name is subject to dispute. If the complaint is terminated, or 
the UDRP dispute finds against the complainant, the name will be deleted 
within 45 days. The registrant retains the right under the existing 
redemption grace period provisions to recover the name at any time 
during the Redemption Grace Period, and retains the right to renew the 
name before it is deleted.
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The question boils down to "Do you comply with the Registrar 
Accreditation Agreement?" and apparently seeks an admission that the 
registrar does not.
Procedure in the event of domain expiration during a UDRP is well 
defined, not discretionary, and not within the scope of this group.

John Berryhill, Ph.d. Esq.
204 East Chester Pike
First Floor, Suite 4
Ridley Park, PA 19078
+1.610.565.5601
+1.267.386.8115 fax
john@xxxxxxxxxxxxxxxxx