[PC-NCSG] Fwd: [liaison6c] Please comment: Proposed Implementation of GNSO PDP Recommendations on Locking of a Domain Name Subject to UDRP Proceedings - Revised UDRP Rules

Wed May 21 15:29:07 EEST 2014

FYI

---------- Forwarded message ----------
From: Glen de Saint G?ry <Glen at icann.org>
Date: 2014-05-21 16:52 GMT+09:00
Subject: [liaison6c] Please comment: Proposed Implementation of GNSO PDP
Recommendations on Locking of a Domain Name Subject to UDRP Proceedings -
Revised UDRP Rules
To: liaison6c <liaison6c at gnso.icann.org>

Proposed Implementation of GNSO PDP Recommendations on Locking of a Domain
Name Subject to UDRP Proceedings - Revised UDRP Rules
https://www.icann.org/news/announcement-2014-05-20-en

https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en

Follow Updates<https://www.icann.org/users/sign_up?document_id=13339&following=true>

1. Comment Phase: Ends 18 Jun 2014 23:59 UTC

2. Reply Phase: Ends 18 Jul 2014 23:59 UTC

3. Summary and Review

Evaluation and Decision

During this phase your comments are reviewed by the body that asked for
input/feedback and evaluations are made about how to proceed based on the
comments.
Contents

   - Brief Overview<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#brief>
      - Submit Comment to Forum<comments-udrp-rules-proposed-19may14 at icann.org>
      - Comments
Forum<http://forum.icann.org/lists/comments-udrp-rules-proposed-19may14>
      - Dates<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#dates>
   - Section I: Description, Explanation &
Purpose<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#section1>
   - Section II:
Background<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#section2>
   - Section III: Relevant
Resources<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#section3>
   - Section IV: Additional
Information<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#section4>
   - Staff Contact<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#staff_contact>

Brief Overview

Obtain community input on the proposed implementation of the Generic Names
Supporting Organization (GNSO) Policy Development Process (PDP)
recommendations on the Locking of a Domain Name subject to Uniform
Domain-Name Dispute-Resolution Policy (UDRP)s.

Comment Period: 19 May 2014 - 18 Jun 2014 23:59 UTC

Reply Period: 19 Jun 2014 - 18 Jul 2014 23:59 UTC
Section I: Description, Explanation, and Purpose

The Generic Names Supporting Organization (GNSO) unanimously
approved<http://gnso.icann.org/en/node/40865>at its meeting on 1
August 2013 the recommendations of the Locking of a
Domain Name subject to UDRP Proceedings PDP Working Group. The 17
recommendations, which were adopted by the ICANN Board 28 September 2013,
are intended to clarify and standardize the process for locking of a domain
name subject to UDRP Proceedings, including:

   - Definition of 'locking'
   - Requiring registrar to apply lock within 2 business days following
   request for verification
   - Removing obligation for complainant to notify the respondent at the
   time of filing, but add automatic extension of 4 days to response time upon
   request
   - Step by step clarification of requirements of different parties
   involved
   - Development of educational and informational materials to assist in
   informing affected parties of new requirements and recommended best
   practices

For the full details of these recommendations, you are encouraged to review
section 7 of the Final
Report<http://gnso.icann.org/en/issues/locking/domain-name-final-05jul13-en.pdf>[PDF,
1 MB] as well as the Board resolution adopting these recommendations
(see
http://www.icann.org/en/groups/board/documents/resolutions-28sep13-en.htm#1.c<https://www.icann.org/en/groups/board/documents/resolutions-28sep13-en.htm#1.c>
).

In consultation with the GNSO Implementation Review Team, which was formed
as directed by the GNSO Council to work with ICANN Staff to ensure that the
resultant implementation fulfills the intentions of the approved policy
recommendations, ICANN Staff reviewed the UDRP Rules and has proposed
revisions as outlined in this redline
version<https://www.icann.org/en/help/dndr/udrp/rules/udrp-rules-proposed-amendment-29apr14-en.pdf>[PDF,
202 KB] to implement the GNSO PDP Recommendations which include
amongst others:

   - Addition of the definition of "Lock" and pendency;
   - Deletion of the requirement for the complainant to notify the
   respondent;
   - Updates to the section concerning the notification of complaint to
   reflect amongst others the requirement for the registrar to lock the domain
   name registration within 2 business days following a request for
   verification from the UDRP Provider;
   - Updates to the section concerning response to add, amongst others, the
   automatic extension of 4 days to response time upon request by the
   respondent;
   - Updates to the section concerning settlement or other grounds for
   termination to add the steps of a settlement process.

ICANN Staff and the GNSO Implementation Review Team are now looking for
input on the proposed revisions to the UDRP rules, which aim to satisfy the
intent of the GNSO Policy Recommendations. Furthermore, any feedback on the
expected time needed for affected parties to implement the revised UDRP
rules before coming into effect, would be appreciated. The current plan is
to announce implementation in November or December with a six-month
implementation deadline.
Section II: Background

Currently there is no requirement to lock names in period between filing
complaint and commencement of proceedings and no definition of 'status
quo', which has resulted in different interpretations and confusion of the
UDRP. To address this issue, the GNSO Council decided to initiate a Policy
Development Process on 15 December 2011. As part of its deliberations, the
WG was required to consider the following questions:

1. Whether the creation of an outline of a proposed procedure, which a
complainant must follow in order for a registrar to place a domain name on
registrar lock, would be desirable.

2. Whether the creation of an outline of the steps of the process that a
registrar can reasonably expect to take place during a UDRP dispute would
be desirable.

3. Whether the time frame by which a registrar must lock a domain after a
UDRP has been filed should be standardized.

4a. Whether what constitutes a "locked" domain name should be defined.

4b. Whether, once a domain name is 'locked' pursuant to a UDRP proceeding,
the registrant information for that domain name may be changed or modified.

5. Whether additional safeguards should be created for the protection of
registrants in cases where the domain name is locked subject to a UDRP
proceeding.

The Working Group published its Initial Report for public comment on 15
March 2013 (see
http://www.icann.org/en/news/public-comment/locking-domain-name-15mar13-en.htm<https://www.icann.org/en/news/public-comment/locking-domain-name-15mar13-en.htm>),
followed by its Final Report (see Locking of a Domain Name Subject to UDRP
Proceedings PDP Final
Report<http://gnso.icann.org/en/issues/locking/domain-name-final-05jul13-en.pdf>[PDF,
1 MB]) on 5 July 2013. The GNSO unanimously
approved <http://gnso.icann.org/en/node/40865> the recommendations at its
meeting on 1 August 2013 followed by the ICANN Board on 28 September 2013.
Section III: Relevant Resources

   - Revised UDRP
Rules<https://www.icann.org/en/help/dndr/udrp/rules/udrp-rules-proposed-amendment-29apr14-en.pdf>[PDF,
202 KB]
   - Locking of a Domain Name Subject to UDRP Proceedings PDP Final
Report<http://gnso.icann.org/en/issues/locking/domain-name-final-05jul13-en.pdf>[PDF,
1 MB]
   - Uniform Domain Name Dispute Resolution
Policy<http://www.icann.org/en/help/dndr/udrp/policy>
   - Rules for Uniform Domain Name Dispute Resolution Policy (current
   version) <http://www.icann.org/en/help/dndr/udrp/rules>

Section IV: Additional Information

None
Staff Contact

Caitlin Tubergen

caitlin.tubergen at icann.org

Glen de Saint G?ry

GNSO Secretariat

gnso.secretariat at gnso.icann.org

http://gnso.icann.org
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.ipjustice.org/pipermail/pc-ncsg/attachments/20140521/59210a27/attachment-0001.html>