Oversee.net comment regarding proposed application of URS to .NET registry agreement

["Mason Cole" <masonc@xxxxxxxxxxxxx>]

COMMENT OF OVERSEE.NET REGARDING RENEWAL OF .NET REGISTRY AGREEMENT

 

Thank you for the opportunity to provide comment on the proposed changes
to the .NET agreement.

 

Oversee.net provides domain name registration services and is a full
participant in the ICANN process.  Our comments are limited to a
proposed addition to the agreement by some in the community: the
application of Uniform Rapid Suspension (URS) and Trademark Claims
Service (TCS), procedures ostensibly intended to apply to new generic
top-level domains (gTLDs), post-launch.

 

While the URS and TCS may ultimately prove to be effective and balanced
tools for addressing the needs of rights holders while preserving the
operational stability of the domain name system and the rights of domain
name registrants, it is irresponsible to make such a conclusion prior to
their actual introduction, or even prior to testing.  

 

There is no foundation in ICANN processes for imposing new gTLD "rights
protections" on incumbent gTLDs without at least prior study and,
responsibly, post-introduction evaluation.  Further, there is no
evidentiary basis for the proposition that the existing Uniform Dispute
Resolution Policy (UDRP) is insufficient to resolve conflicts over .NET
registrations.  If there are any concerns with the effectiveness of the
UDRP process, such concerns should not be addressed through the
introduction of unproven and untested methods.

 

The URS has predictable weaknesses; unfortunately the inclination toward
complainant abuse under URS would be exacerbated by the proposal to
provide the complainant the first option to acquire the domain name at
the end of the suspension period.  ICANN's agreement to such a process
would unintentionally result in a low-cost, expedited means for reverse
hijacking domain names.

 

.NET is the third-largest TLD worldwide.  Substituting an existing
resolution system for one that is untested, unproven and, at this stage,
unpredictable, is a reckless course for the ICANN community to follow,
and it is unfair to impose URS and TCS on .NET registrations through a
back-door procedure.

 

Thank you for your consideration of this comment.