[gnso-lockpdp-wg] MP3 Locking of a Domain Name subject to UDRP proceedings teleconference - Thursday 14th February 2013 at 15:00 UTC

[Nathalie Peregrine <nathalie.peregrine@xxxxxxxxx>]

Dear All,


The next Locking of a Domain Name subject to UDRP proceedings teleconference is 
scheduled for Thursday, 21 February 2013 at 15:00 UTC.

Please find the MP3 recording of the Locking of a Domain Name subject to UDRP 
proceedings teleconference held on Thursday 14th February 2013 at 15:00 UTC

http://audio.icann.org/gnso/gnso-locking-domain-name-20130214-en.mp3

On page: http://gnso.icann.org/calendar/#feb

The recordings and transcriptions of the calls are posted on the GNSO Master 
Calendar page:
http://gnso.icann.org/calendar/


Attendees:
Hago Dafalla - NCUC
Lisa Garono - IPC
Alan Greenberg - ALAC (Vice Chair)
Volker Greimann - RrSG
David Roache-Turner - WIPO
Matt Schneller - IPC
Laurie Anderson - RrSG
 Faisal Shah - IPC 
Michele Neylon - RrSG (Chair)
Luc Seufer - RrSG

Apologies :
David Maher - RySG
Celia Lerman - CBUC
Gabriela Szlak - CBUC
Marika Konings

ICANN staff:
Berry Cobb
Lars Hoffman
Nathalie Peregrine


** Please let me know if your name has been left off the list **

Thank you.
Kind regards,
Nathalie Peregrine
For GNSO Secretariat

 

 Adobe Connect Chat transcript for 14th February:
  Marika Konings:Welcome to the UDRP Domain Name Lock WG Meeting of 14 February 
2013
  Hago Dafalla:hi all
  Michele Neylon:afternoon
  Michele Neylon:just dialing in
  Michele Neylon:sorry
  Laurie Anderson 2:Having some connection problems...dialing in. 
  Laurie Anderson 2:I appear to be here twice
  Volker Greimann:what would you rather fight? One horse-sized duck or 100 
duck-sized horses?
  Luc Seufer:someone founds the secret of cloning..
  Nathalie  Peregrine:Alan Greenberg will join shortly
  Laurie Anderson 2:Luc, I wish! 
  Alan Greenberg:Will be on very shortly. Last call running over and I was the 
speaker on several issues.
  Nathalie  Peregrine:Lisa Garono has joined the AC room
  Alan Greenberg:on now
  Nathalie  Peregrine:David Roache Turner has joined the call
  Luc Seufer:@Laurie we do the smae but no many decision are implemnted by the 
11th day and that's not due to us
  Volker Greimann:1. The Parties: The Complainant is *** , represented by 
****.The Respondent is *** and **** respectively.
  Volker Greimann:is what is usually included in the decision.
  Luc Seufer:if providers could add all whois details fields in their complaint 
form that would help!
  David Roache-Turner (WIPO):these are possibliy practilities (important though 
they may be) that could be better addressed at the level of best practices, 
than necessaryily making adjustments (which may come at a certain cost in 
certainty) to the rules themselves 
  Volker Greimann:and then it is our obligation to figure out which email 
address belongs to the rep of the complaiant
  Laurie Anderson 2:The email address of the authorized representative is 
listed in the complaint
  David Roache-Turner (WIPO):Laurie is right - at WIPO, these are also listed 
in the comunications sheet which accompanies notifications (on which parties 
and registrars are copied)
  Laurie Anderson 2:In our case, we will implement a settlement during a 
suspension but the name will remain locked pending a dismissal from the provider
  Volker Greimann:same here
  Luc Seufer:The National Arbitration Forum hereby authorizes the Registrar to 
permit a transfer between the two parties provided the necessary transfer 
procedures required by the Registrar for such transfer have been satisfied.
  Luc Seufer:here is what NAF provides you with in such cases
  Volker Greimann:that is helpful, Luc
  Volker Greimann:WIPO does not do that at this time
  Laurie Anderson 2:For the record, we never unlock the name or allow the 
parties to handle the settlement implementation. We move it, we keep it locked 
and only unlock after we receive the dismissal. 
  Volker Greimann:same here, else there would be potential for abuse
  Luc Seufer:but some complainants won't dismiss their complaint until the 
domain has been transferred
  Luc Seufer:or deleted
  Volker Greimann:Indeed. I think that the review of the settlement procedures 
could lie with the provider
  Luc Seufer:@ Volker +1
  Volker Greimann:OTOH, the registrar is best qualified to make sure the 
respondent is the other party to the settlement agreement
  David Roache-Turner (WIPO):At WIPO the suspension notice would typically 
read:  We refer to the request received by [[e-mail/fax/letter]] on [[Date]], 
from [[source of request]], requesting the suspension of the above-referenced 
administrative proceeding. The Center hereby confirms that the administrative 
proceeding is suspended until [Suspended until Date]. Upon the expiry of this 
date, the proceedings may be deemed automatically terminated, unless the Center 
receives a request (copied to the Respondent) in writing from the Complainant 
(via e-mail and hardcopy) to re-institute the proceedings. In such event, all 
time periods will be calculated from the re-institution date....
  David Roache-Turner (WIPO):...Please note that once a UDRP proceeding is 
suspended, the concerned registrar may unlock the disputed domain name, 
provided the unlock is to enable the implementation of an agreement between the 
parties to transfer (or, if agreed, cancel) the domain name from the Respondent 
to the Complainant. Therefore, during a suspended proceeding, the domain name 
may be transferred to the Complainant, but may not be transferred to a third 
party.
  Volker Greimann:True David, but I don't recall you instructing the registrar 
on the results of the settlement
  Laurie Anderson 2:agreed Luc, we do move the name...they can see it in their 
account, but they cant do anything with it until we receive the dismissal. 
  David Roache-Turner (WIPO):+! to Volker's point immediately above
  David Roache-Turner (WIPO):...that is to say that the registrar is best 
qualified to determine that the respondent is the other party to the settlement 
agreement
  David Roache-Turner (WIPO):we don't issue instructions on the result of the 
settlement, only on the withdrawal (in such event) or continuation and lifting 
of suspension (if the matter doesn;t settle)
  Luc Seufer:as the only party receiving payment and being without a doubt 
equiped with the necessary leagal team, it would make sense to have providers 
assume that role and issue instruction
  Luc Seufer:(a) The Provider shall review the complaint for administrative 
compliance with the Policy and these Rules and, if in compliance, shall forward 
the complaint, including any annexes, electronically to the Respondent and 
shall send Written Notice of the complaint (together with the explanatory cover 
sheet prescribed by the Provider's Supplemental Rules) to the Respondent, in 
the manner prescribed by Paragraph 2(a), within three (3) calendar days 
following receipt of the fees to be paid by the Complainant in accordance with 
Paragraph 19.
  Volker Greimann:nothing happens
  Luc Seufer:so to put in a nutschell registrars don't need to reply to 
provider within 2 business days?
  David Roache-Turner (WIPO):within 2 business days would be optimal
  Volker Greimann:agreed
  Volker Greimann:locking properly is always better
  David Roache-Turner (WIPO):its about the lock, absolutely
  Laurie Anderson 2:We lock when we receive a verification request. We dont 
wait for commencement
  David Roache-Turner (WIPO):that is optimal laurie
  Luc Seufer:@Laurie registry lock or trade lock as well (transfer to another 
account)? Do you allow to suspend DomainByProxy services after this "lock"?
  Laurie Anderson 2:@Luc registrar lock upon receipt of a verification request. 
We remove DBP at this time so that we may verify the registrant to the 
provider. This is covered in the TOS with DBP. 
  Luc Seufer:ok so everything at once. 
  Laurie Anderson 2:We do not move to another account until we are implementing 
a decision or a settlement agreement
  Laurie Anderson 2:yes, also for sake of workflow. We have to be as efficient 
as possible 
  Luc Seufer:if you have too much manpower I can relieve you of some ;-)
  Laurie Anderson 2:LOL We can use all we can get!