[ALAC] Fwd: [council] NCUC statement on the URS
alan.greenberg at mcgill.ca
Sun Jun 19 04:16:40 UTC 2011
The following is a statement just issued by the NCUC which I
personally support and that the ALAC might consider supporting as well.
>From: "Mary.Wong at law.unh.edu" <Mary.Wong at law.unh.edu>
>To: "council at gnso.icann.org" <council at gnso.icann.org>, "karen.lentz at icann.org"
> <karen.lentz at icann.org>, Kurt Pritz <kurt.pritz at icann.org>,
> "Bruce.Tonkin at melbourneit.com.au"
> <Bruce.Tonkin at melbourneit.com.au>, Rita
> Rodin Johnston <Rita.Rodin at skadden.com>
>CC: Konstantinos Komaitis <k.komaitis at strath.ac.uk>
>Date: Sat, 18 Jun 2011 23:57:41 -0400
>Subject: [council] NCUC statement on the URS
>The following is a formal statement from the Non-Commercial Users
>Constituency (NCUC) on the Uniform Rapid Suspension (URS) system. We
>would greatly appreciate it if ICANN staff or the GNSO
>representatives on the Board could ensure that it is forwarded to
>the rest of the Board as soon as possible. Thank you.
>"The NCUC strongly urges the ICANN Board to retain the current
>proposed standard of proof in relation to the URS. Not only is the
>standard consistent with the recommendations made by the IRT and
>STI, which represents community consensus on this particular point,
>lowering the standard to that being requested by the GAC would
>completely undermine the purpose of the URS, which is to expedite
>suspension of domains in "slam dunk" cases without abrogating the
>rights of applicants to due process. Allowing an expedited
>suspension on the basis merely of a "preponderance of the evidence"
>would go against this fundamental principle, and disrupt
>registrants' reliance on domain stability. Changing the evidentiary
>standard would also potentially expand the URS, undoing the
>safeguards that were negotiated and published in the Guidebook and
>raising the very real possibility of abuse of the URS. The URS is
>not intended to replace the UDRP, and as such one of the critical
>differences between the two - as to the standard of proof - must be retained."
>Mary W S Wong
>Professor of Law
>Chair, Graduate IP Programs
>Director, Franklin Pierce Center for IP
>UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord,
>NH 03301 USA Email:
><mailto:mary.wong at law.unh.edu>mary.wong at law.unh.edu Phone:
>Selected writings available on the Social Science Research Network
>(SSRN) at: <http://ssrn.com/author=437584>http://ssrn.com/author=437584
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