[ALAC-Announce] Call for comments:Locking of a Domain Name Subject to UDRP Proceedings

At-Large Staff staff at atlarge.icann.org
Wed Jul 25 21:22:51 UTC 2012


Dear All,

Please find a Call for Comments sent through by the GNSO Secretariat.

Thank you.


Regards,


Heidi Ullrich, Silvia Vivanco, Matt Ashtiani, Gisella Gruber, and Nathalie
Peregrine
ICANN Policy Staff in support of ALAC
E-mail: staff at atlarge.icann.org

****************************

http://www.icann.org/en/news/announcements/announcement-2-25jul12-en.htm
Locking of a Domain Name Subject to UDRP Proceedings
Comment/Reply Periods (*)Important Information Links
Comment Open:25 July 2012
Comment Close:15 August 2012
Close Time (UTC):23:59 UTCPublic Comment Announcement
<http://www.icann.org/en/news/announcements/announcement-2-25jul12-en.htm>
Reply Open:16 August 2012To Submit Your Comments (Forum)
<mailto:udrp-locking at icann.org>
Reply Close:5 September 2012View Comments Submitted
<http://forum.icann.org/lists/udrp-locking/>
Close Time (UTC):23:59 UTCReport of Public Comments
Brief Overview
Originating Organization:GNSO Locking of a Domain Name Subject to UDRP
Proceedings PDP Working Group
Categories/Tags:
* Top Level Domains
* Policy Processes
* Contracted Party Agreements
Purpose (Brief):The Generic Names Supporting Organization (GNSO) Locking of
a Domain Name Subject to UDRP Proceedings Working Group is looking for
public input in order to have a clear understanding of the exact nature and
scope of issues encountered with the locking of a domain name subject to
UDRP Proceedings.
Current Status:The GNSO Council initiated a Policy Development Process (PDP)
on this topic in December 2011. A Working Group has now been formed and is
looking for public input to help inform its deliberations.
Next Steps:The Working Group will review the public input received and
consider it as part of its deliberations on the topic and charter questions.
Staff Contact:Marika KoningsEmail:policy-staff at icann.org
<mailto:policy-staff at icann.org?subject=More%20information%20on%20the%20Locki
ng%20of%20a%20Domain%20Name%20Subject%20to%20UDRP%20Proceedings%20public%20c
omment%20period> 
Detailed Information
Section I: Description, Explanation, and Purpose
As noted in the Issue Report on the state of the Uniform Dispute Resolution
Policy, there currently is no requirement to lock a domain name in the
period between the filing of a complaint and the commencement of
proceedings. In addition, it is unclear what is meant with 'status quo' as
used in the UDRP (see http://www.icann.org/en/help/dndr/udrp/policy
<http://www.icann.org/en/help/dndr/udrp/policy> ). As a result, the GNSO
Council decided to initiate a Policy Development Process on the requirement
to lock a domain name subject to UDRP proceedings. The WG Charter recommends
that the Working Group as a first step, request public input on this issue
in order to have a clear understanding of the exact nature and scope of
issues encountered with the locking of a domain name subject to UDRP
Proceedings. This public comment forum is one of the mechanisms that the
Working Group is using to obtain such input. The Working Group would welcome
any information, comments and/or suggestions that are deemed helpful to get
a better understanding of the exact nature and scope of issues encountered
with the locking of a domain name subject to UDRP Proceedings. In addition,
input may be provided on the following charter questions that the WG is
expected to address:
* 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. [Note from the WG: only the UDRP
Provider can notify a Registrar that a complaint has been officially filed
and in the vast majority of cases, Registrars will only implement a lock
based on the request by the UDRP Provider]
* 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.
* Whether the time frame by which a registrar must lock a domain after a
UDRP has been filed should be standardized.
* Whether what constitutes a "locked" domain name should be defined.
* Whether, once a domain name is 'locked' pursuant to a UDRP proceeding, the
registrant information for that domain name may be changed or modified.
* Whether additional safeguards should be created for the protection of
registrants in cases where the domain name is locked subject to a UDRP
proceeding.
In order to obtain further information on the current practices of
registrars and experiences of UDRP Providers, the WG conducted a survey and
developed a summary of findings which interested parties may want to review
as you prepare your comments (see https://community.icann.org/x/l6-bAQ
<https://community.icann.org/x/l6-bAQ> ).
Section II: Background
At its 15 December meeting, the GNSO Council initiated a PDP
<http://gnso.icann.org/resolutions/#201112>  on the requirement to lock a
domain name subject to UDRP proceedings.A discussion on the requirements of
locking a domain name subject to UDRP proceedings was initially conducted as
part of the Inter-Registrar Transfer Part B PDP. As a result of that
process, it was noted that "locking a domain name registration subject to a
UDRP dispute should be a best practice." However, the WG "noted that any
changes to making this a requirement should be considered in the context of
any potential UDRP review." Subsequently, several community members called
out this issue in their comments on the state of the UDRP Issue Report
<http://gnso.icann.org/issues/udrp/udrp-final-issue-report-03oct11-en.pdf>
[PDF, 2.69 MB] published in October 2011, and as a result, the GNSO Council
initiated a PDP on this specific issue only. A sample of the community
comments is below:
* "No requirement to lock names in period between filing complaint and
commencement of proceedings."
* "Need clarification of domain locking."
* "Unclear what is meant by "Status Quo."
* "No explanation of 'Legal Lock' mechanisms and when they go into effect or
when they should be removed."
Section III: Document and Resource Links
* Locking of a Domain Name Subject to UDRP Proceedings PDP Working Group
Charter <https://community.icann.org/display/udrpproceedings/3.+WG+Charter>
* Uniform Dispute Resolution Policy
<http://www.icann.org/en/help/dndr/udrp/policy>
* The state of the UDRP Issue Report
<http://gnso.icann.org/issues/udrp/udrp-final-issue-report-03oct11-en.pdf>
[PDF, 2.69 MB]
* Working Group Workspace
<https://community.icann.org/display/udrpproceedings/Home>
Section IV: Additional Information
(*) Comments submitted after the posted Close Date/Time are not guaranteed
to be considered in any final summary, analysis, reporting, or
decision-making that takes place once this period lapses.

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat at gnso.icann.org
http://gnso.icann.org <http://gnso.icann.org/>
 





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