[gnso-lockpdp-wg] RE: UDRP Domain Name Lock Survey - Follow up questions

["Dorrain, Kristine" <kdorrain@xxxxxxxxxxxx>]

Everyone:

I'm sorry for the extreme delay.  I've just needed to take the time and sit 
down and put this together.

See my updated comments in blue, below.

Kristine

From: Marika Konings [mailto:marika.konings@xxxxxxxxx]
Sent: Tuesday, July 24, 2012 7:48 AM
To: Beckham, Brian; Roache-Turner, David; Dorrain, Kristine; Dennis Cai; Tereza 
Bartošková
Subject: UDRP Domain Name Lock Survey - Follow up questions

Thank you very much for participating in the UDRP Domain Name Lock Survey. 
Following review of the responses received from all the UDRP providers, the WG 
would be interested to know whether it would be possible for you to provide a 
further breakdown in relation to the specific questions listed below so that 
the WG is able to determine whether the real number is closer to 0% than 25%, 
or to 100% than 75%. If possible, please complete the 'new response' for each 
of the questions and send these back to me.

If you are interested to review the responses to the survey, please see 
https://community.icann.org/x/l6-bAQ.

With best regards,

Marika
4.  In approximately what percentage of UDRP proceedings that you handle do 
registrars lock the domain name(s) at issue taken on a representative sample of 
UDRP disputes that you have had experience with?
Current response: More than 75%: 4
New response: More than 75%, please specify: ___

In 150 randomly surveyed cases from the past year, only four registrars failed 
to lock at all.
5. In approximately what percentage of UDRP proceedings that you handle do 
registrars fail to confirm lock of the domain name(s) at issue for purposes of 
the UDRP dispute within five(5) days of your sending a provider verification 
request to the concerned registrar, taken on a representative sample of UDRP 
disputes that you have had experience with?
Current response: Less than 25%: 3
New response: Less than 25%, please specify: ___

In 150 randomly surveyed cases from the past year, nine registrars took more 
than five days to lock and the average of that group was 11 days (range 7-19 
days).
8.  In approximately what percentage of UDRP proceedings that you have 
administered are you aware of the registrar having confirmed lock of a domain 
name in reply to a request for registrar verification from you, but in which 
there were nonetheless subsequent material changes to the registrant data which 
impacted administration of the UDRP dispute?
Current response: Less than 25%: 3 & Free-text 1: Less than 5%
New response: Less than 25%, please specify: ___
In 150 randomly surveyed cases from the past year,  fifty cases had changes to 
the registrant data (primarily from privacy services).

12.  In approximately what percentage of UDRP proceedings that you have 
administered are you aware of the registrar's confirmed domain name lock 
failing to prevent an apparently prohibited (e.g. under UDRP paragraph 8(b)) 
transfer to another registrar during pendency of a UDRP proceeding.
Current response: Less than 25%: 2 & Free-text 1: Less than 5% & Free-text 2: 
This only happened in cases where the registrar provided verification but did 
not expressly confirm locking
New response: Less than 25%, please specify: ___

In 150 randomly surveyed cases from the past year,  one had a domain name that 
was transferred to a new registrar.
13.  In what percentage of UDRP proceedings that you have administered are you 
aware of the registrar's confirmed domain name lock having failed to prevent an 
apparently prohibited (e.g. under UDRP paragraph 8(a)) transfer of a domain 
name registration to another registrant.
Current response: Less than 25%: 2 & Free-text 1: Less than 5% & Free-text 1: 
This only happened in cases where the registrar provided verification but did 
not expressly confirm locking
New response: Less than 25%, please specify: ___

In 150 randomly surveyed cases from the past year, none of those involved a 
transfer to a new registrant, that we are aware of.
14.  In what percentage of UDRP proceedings that you have administered are you 
aware of the registrar's confirmed domain name lock having failed to prevent 
modification of any materially relevant WHOIS data, e.g. registrant contact 
information?
Current responses: Less than 25%: 3 - Free-text 1: Requested data not available
New response: Less than 25%, please specify: ___

See answer to #8.
16. In approximately what percentage of UDRP proceedings that you have 
administered are you aware of a registrar's confirmed domain name lock pursuant 
to a UDRP proceeding having apparently prevented expiration (e.g. registrar 
confirms no further steps necessary to keep domain name "active" and subject to 
UDRP proceedings) of a domain name that passes its expiration date (without 
renewal) while a UDRP proceeding is pending (or in the 10/15 day "wait period" 
thereafter) (e.g. registrar does not appear to require payment by either UDRP 
party pursuant to the Expired Domain Deletion Policy (EDDP) to keep the 
disputed domain name "active" and subject to the UDRP proceeding)?
Current response: Less than 25%: 3 & Free-text 1: Requested data not available
New response: Less than 25%, please specify: ___

In 150 randomly surveyed cases from the past year, the EDDP or expiration did 
not apply to any of this group.
18. If a UDRP proceeding is decided in favor of the registrant, in what 
percentage of cases are you aware of where the registrar would not have 
unlocked the domain name once the 15 day 'wait' period has expired?
Current response: Less than 25%: 3 & Free-text 1: Requested data not available
New response: Less than 25%, please specify: ___

In 150 randomly surveyed cases from the past year, we found no cases in this 
group that had a problem with unlocking.


Anecdotal evidence, as promised, regarding impact:
In the last three working days, I've spent about 5 hours dealing with 
registrars that have no idea what they are supposed to do to lock a domain 
name, to transfer a domain name per a panel order, or to implement a transfer 
of a domain name pursuant to a Stay under the UDRP.  I had one question, which 
was resolved with a quick email, about unlocking after a respondent prevailed.  
Most of these questions were escalated to me after the case coordinators could 
not do anything further, so my time is in addition to the time the case 
coordinators put in.

Again, apologies for the delay.

Kristine

Kristine Fordahl Dorrain



Director of Internet and IP Services







National Arbitration Forum (FORUM)

Direct  952. 516. 6456

6465 Wayzata Blvd.

Mobile  952. 836. 8613

Suite 470

Email  kdorrain@xxxxxxxxxxxx<mailto:kdorrain@xxxxxxxxxxxx>

Minneapolis, MN  55426

http://domains.adrforum.com





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