Say No to URS (plain text)

["Keven Dabney" <me@xxxxxxxxxxxxxxx>]

Last message posted incorrectly.  plain text version is below

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ICANN,
 
We are tremendously concerned about the proposed Uniform Rapid
Suspension (URS) as brought forth by the Implementation Recommendation
Team (IRT).  As per ICANN's Mission and Core Values
 
http://www.icann.org/en/committees/evol-reform/working-paper-mission-06may02.htm
 
The primarily item ICANN has listed as its top Core Value...
 
     [a]. Preserve and enhance the operational stability, reliability,
security, and global interoperability of the Internet.
 
The URS will directly affect all of these things...
 
1.) Operational Stability - The proposed URS is 100% affecting
operational stability of the Internet.  It is a "Uniform Rapid
Suspension" and will allow legitimate domain registrations and websites
to be taken offline in an uncontrolled sense!  As past UDRP decisions
have proven, generic domains, two letter domains, common phrases and
many more have been taken away from domain owners with no legitimate
cause.  And now it's being proposed that this system be cheaper, easier
and more open to attacks and "rapid suspensions."  Should the URS be
adopted the operational stability of the web will be put in jeopardy. 
People will URS domains and get them shut down - costing businesses
worldwide hundreds of millions, if not billions in revenue every year.
 
2.) Reliability - The URS will allow anyone to file a suspension on any
other website that might be similar in nature.  There will be swaths of
people abusing the system and reliability of the Internet will be at
risk.  Existing websites and domain names will now be reliant on a
"rapid suspension", directly affecting the reliability of the Internet
to their businesses, and putting many others out of business at the same
time.  Again, this is how the URS is in direct conflict with ICANN's
core missions and goals.
 
3.) Security - It's no surprise that the URS will pose significant
security issues for every domain holder in the world!  This is the
biggest threat of the URS - directly affecting the security of company
assets worldwide!  Any company that owns a domain, of which most do,
will have serious security issues to consider with the threat of URS. 
With the URS websites will be inadvertently taken down and every company
will risk possibly lose their real estate for an extremely low cost to
the complainant.  For a mere few hundred dollars to the complainant in
the worst case.  In bulk it will be as little as only a few dollars!
 
4.) Global Interoperability of the Internet - The global operation of
the Internet will be under serious legal threat and attack if the URS is
adopted.  Again, a large amount that ICANN stands for is being called
into question with the URS, because it is so unfair and heavily
weighted, that the global interoperability of the Internet will come
into question.
 
If you look at nearly any trademark database you will find people with
trademarks covering virtually every common word in existence.  "Amazon"
is a great example.  I do not believe the online store Amazon.com will
abuse such a system, but just imagine any one of hundreds of thousands
of less-than-ethical companies.  Amazon could and likely would be able
to shut down a website operated as AmazonRivers.ext that sells something
online.  This would be absurd and will create so many unforeseen issues.
 I won't even go into the hundreds of potential ways this seriously
jeopardizes a company's assets, security and online presence!  But
imagine Amazon.com the online retailer going after everyone that sells
something on their website and has "Amazon" in the domain.  It would be
chaotic.  Even more, the "abusive" section of the URS says what would
happen if the complainant is denied "three" times in a given year.  Is
this serious?  A thief will break this security provision immediately. 
They will create 100 business identities and never see 3 denied URS
cases in any one business entity.  Even more, I see where people will
partner with hundreds of trademark owners to gain access of valuable
domains.  After all - the only thing a law firm needs to do is have 100
clients that never use URS, but they can split the added stolen value
from awarded domains.  The URS will create a legal niche whereby it only
costs a few dollars to a few hundred try to URS a hundred valuable
domains at a time - many of which are legitimate websites, sites with
traffic and millions of dollars of traffic and marketing, and domains
with significant value!  And finally, we can see some will be getting
trademarks in smaller markets just for the sole reason of filing URS and
legally stealing domains from legitimate owners.
 
I think the comments from the National Arbitration forum are perfect. 
The prices suggested have not been investigated, and that alone is a
clear indication of how poorly thought through the URS really is.  What
will a URS case really cost?  If it's as little as two dollars, I really
fear for the judgments and decisions that will be make for domain owners
worldwide!  If it's $200 we're still extremely scared for registrants as
well.  I have no idea who will front the other 90% of the cost that it
takes for even one educated person to make such a judgement!
 
As everyone has seen in numerous past UDRP cases - the UDPR system
currently works.  If anything - it needs reform to protect domain owners
better - because valuable businesses and business assets are being taken
away for sometimes ridiculous reasons!  The URS does not help this.  On
the contrary it encourages further widespread use and abuse, resulting
in less customer faith in the global operations of the Internet!  The
URS is not helping protect, manage and maintain the Internet, but only
enabling a "renegade" online environment when it comes to the future of
domain names and digital assets.
 
Yes, the current URS proposes to be for the "new gTLDs" only.  However -
please seriously consider how things in our world really work.  If the
URS is approved for "new extensions" today, it only stands to reason in
2, 4 or 6 years this will work its way back into what is the fabric of
the Internet...  .Com, .Net, .Org, ccTLDs and other widely adopted top
level domains.  These are under direct threat from the URS, which is a
poor plan with little legal backing or justification.
 
Again - we strongly advise against the consideration of the proposed URS
in any fashion.  If it is ever considered, the most important thing
ICANN should do is protect the current fabric of the Internet.  The URS
is directly going to attack these things!  Directly creating issues that
are in conflict with ICANN's core values and principals.  So overall
ICANN should say "no" because nothing the URS proposes is a good idea or
plan for domain name owners worldwide!
 
Please do not let the proposal at hand create operational issues for
domain owners, businesses and individuals worldwide!  As we see it the
URS is not in favor of "security", "reliability" or "operational
stability" of the Internet.  Only something conjured up by highly funded
law firms seeing to protect brands for the gTLD expansion.  Accepting
such a proposal would be accepting something that goes clearly in the
face of ICANN's core values.
 
Thank you for hearing our opinions.
 
Keven Dabney
Internet and Domain Professional