[ALAC-Announce] Please comment: Proposed Implementation of GNSO PDP Recommendations on Locking of a Domain Name Subject to UDRP Proceedings - Revised UDRP Rules

At-Large Staff staff at atlarge.icann.org
Thu May 22 10:34:36 UTC 2014


On behalf of the GNSO:

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/news/announcement-2014-05-20-en>

https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-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#bri
ef> 
> * Submit Comment to Forum
> <mailto: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#sec
tion1> 
* Section II: Background
<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#sec
tion2> 
* Section III: Relevant Resources
<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#sec
tion3> 
* Section IV: Additional Information
<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#sec
tion4> 
* Staff Contact 
<https://www.icann.org/public-comments/udrp-rules-proposed-2014-05-19-en#sta
ff_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.h
tm 
<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 Géry 
GNSO Secretariat 
gnso.secretariat at gnso.icann.org
http://gnso.icann.org
 




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