RE: [gnso-sti] Question about URS / Trying to cover loopholes

["Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>]

I think this is a good point, but I thought at least the IRT recommended 
charging a fee to a respondent who defaulted but later files an answer.  Would 
this help or hurt?

Jeffrey J. Neuman 
Neustar, Inc. / Vice President, Law & Policy


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-----Original Message-----
From: owner-gnso-sti@xxxxxxxxx [mailto:owner-gnso-sti@xxxxxxxxx] On Behalf Of 
Olivier MJ Crepin-Leblond
Sent: Sunday, November 29, 2009 5:35 PM
To: gnso-sti@xxxxxxxxx
Subject: [gnso-sti] Question about URS / Trying to cover loopholes


Hello everyone,

Just something I noticed, and which I'd like your feedback in:

In the URS strawman proposal I think there might be a conflict in
answers/procedures between "Effect of Filing Answer after Default"
and "Appeal of Decision".

If an answer is filed after default, it mentions a de novo review & a domain
name resolving immediately to the original site. IMHO this system could be
played by a malicious respondent. They could wait for the 20 days and not
reply, and wait until the summary judgment (probably going against them)
and *then* file an answer, thus having the domain back up for a few more
days (20 + 4 days decision time + whatever is required for a new examination
+ decision).

If a domain name brings in cash, a malicious respondent might therefore pull
the process on for nearly a month, notwithstanding any appeal - and by the
way, I don't see any notice about what happens to the domain resolution
whilst an appeal is lodged. Does the domain resolve again?

(and another note concerning this explanation in section "Effect of Filing
Answer after default": domain names can either resolve or not - so
mentioning "resolving to original web site" does not work.
The way the DNS works, registrars/registries have control over
the whole domain name, but not sub-domains, so any action would
affect Web, Email, FTP, in fact any service under that domain.)

Warmest regards,

Olivier

-- 
Olivier MJ Crépin-Leblond, PhD
http://www.gih.com/ocl.html