[bc-gnso] RE: Important to hear from members -- Reconfiguring the URS?

Phil Corwin psc at vlaw-dc.com
Mon May 7 13:33:04 UTC 2012

Lowering the current burden of proof from "clear and convincing evidence" (strong case) to the same as the UDRP, which is "preponderance of the evidence" (which could be as low as 51/49) is not consistent with targeting  "clear cut cases of trade mark infringement". That would bring in "shades of grey" cases that are not suitable for URS (intended for slam dunk, black and white cases) and belong in UDRP. It would also convert URS from a supplement to a substitute vis-à-vis UDRP.

No competent examiner can properly weigh the evidence and provide adequate due process in such a case for a fee in the $300 to $500 range, which includes not just their compensation but the administrative costs of the accredited provider.

Philip S. Corwin, Founding Principal
Virtualaw LLC
1155 F Street, NW
Suite 1050
Washington, DC 20004

Twitter: @VlawDC

"Luck is the residue of design" -- Branch Rickey

From: owner-bc-gnso at icann.org [mailto:owner-bc-gnso at icann.org] On Behalf Of Marie Pattullo
Sent: Monday, May 07, 2012 6:55 AM
To: 'Elisa Cooper'; 'Marilyn Cade'; 'John Berard'; 'Steve Delbianco'; 'Chris at Andalucia'; 'bc - GNSO list'
Cc: 'Zahid Jamil'
Subject: RE: [bc-gnso] RE: Important to hear from members -- Reconfiguring the URS?

Dear all,

AIM's members believe that we definitely need the URS, and as soon as possible. We need it to be a faster and cheaper solution than the UDRP, as the URS was originally meant to be. We also very much support the lowering of the burden of proof to deal with clear cut cases of trade mark infringement.

Kind regards


From: owner-bc-gnso at icann.org<mailto:owner-bc-gnso at icann.org> [mailto:owner-bc-gnso at icann.org]<mailto:[mailto:owner-bc-gnso at icann.org]> On Behalf Of Elisa Cooper
Sent: lundi 7 mai 2012 4:59
To: Marilyn Cade; John Berard; Steve Delbianco; Chris at Andalucia; bc - GNSO list
Cc: Zahid Jamil
Subject: [bc-gnso] RE: Important to hear from members -- Reconfiguring the URS?

I agree - I think without really understanding what it is that they plan to "reconfigure", it's difficult to know whether it's policy or implementation.

If we wait and see, will it be too late?

What kind of preemptive action could we take here?


From: Marilyn Cade [mailto:marilynscade at hotmail.com]<mailto:[mailto:marilynscade at hotmail.com]>
Sent: Friday, May 04, 2012 9:26 AM
To: John Berard; Steve Delbianco; Chris at Andalucia; Elisa Cooper; bc - GNSO list
Cc: Zahid Jamil
Subject: Important to hear from members -- Reconfiguring the URS?

Thanks, John, the discussion about URS needs to include the full BC.

Many members have concerns, and I will note that that in the IRT last approach, some BC members were excluded from participation, in favor of others in the community, so we were not balanced in our BC participants. That was a serious challenge within the BC.

Whether a URS; WHAT URS, and HOW URS is a serious topic to more than a few BC members.

As to whether it is implementation/ and  how that discussion progresses, versus if it is policy, is not clear, right now.

What was the policy recommendation that created it?
Should that policy recommendation be revised?
Is this a change in how to implement a policy recommendation or a proposal to change/modify a policy recommendation?

Finally, Summit? What is that? What are the parameters? Did the SO/AC/SG/Constituencies support such a budget proposal, and how and who would be funded to participate?

The IPC may love this; the BC and ISPCP need to study it.

As to what is 'returned' to Council to provide policy advice on, this is a seriously challenging area for us, I fully agree.
We  do want to hear from our broader membership on first this particular issue, and then we will talk further in the BC, probably in Prague, on 'what is policy and what is implementation'. I think that we all need to develop clarity on that for future.

Whether the BC would take up a further policy clarity discussion on that latter topic would then come from Steve after the BC members offer views.

Short term: My view on this for now: I want to see a staff discussion doc that explains the problems. Curtailing the URS and making it less useful doesn't excite me. paying a bit more an having useful option -- willing to discuss and understand. ICANN staff seem headed in a direction against that. Personal view: pay more/have a viable option. IF not, then no use, so don't proceed with URS.

PERSONAL views only in that view. Discussion from informed members critical for next 36 hours.

Marilyn Cade, BC Chair

Subject: Fwd: [council] Reconfiguring the URS?
From: johnberard at aol.com<mailto:johnberard at aol.com>
Date: Thu, 3 May 2012 16:09:38 -0400
CC: zahid at dndrc.com<mailto:zahid at dndrc.com>
To: marilynscade at hotmail.com<mailto:marilynscade at hotmail.com>; sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>; chris at andalucia.com<mailto:chris at andalucia.com>; elisa.cooper at markmonitor.com<mailto:elisa.cooper at markmonitor.com>
Do we agree with Phil that this is a policy matter?  My instinct is to say it is not, but...


Sent from my iPhone

Begin forwarded message:
From: "Neuman, Jeff" <Jeff.Neuman at neustar.us<mailto:Jeff.Neuman at neustar.us>>
Date: May 3, 2012 2:09:09 PM EDT
To: "council at gnso.icann.org<mailto:council at gnso.icann.org>" <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: [council] Reconfiguring the URS?

Thanks to Phil Corwin for catching this, but buried in the new budget document (http://www.icann.org/en/news/public-comment/op-budget-fy13-01may12-en.htm) just put out for comment is a note on "reconfiguring" the URS.  Excerpt provided below.   I guess they could not find any URS providers that could do it for the costs that they had projected, so ICANN is holding 2 summits to work on a new model.  My question for the Council, is whether this is really a policy issue that should be referred back to the GNSO Community as opposed to having  ICANN on its own resolving after holding 2 summits.  Given the controversy around this over the past few years, any tweaks to the URS should probably go back to the community in my opinion.

Uniform Rapid Suspension (URS) - $175K
At present there is a significant gap between the features specified for the URS procedure and the desired cost. In order to bridge this gap we will: hold two summit sessions to reconfigure the URS to arrive at a lower cost model (one session in FY12 budget and another in this FY13 plan), conduct a process to develop and finalize URS Model in consultation with current UDRP providers and community members; and conduct RFP based on URS Model and select URS providers. The goal is have a URS program in place and providers contracted and onboard by June 2013.

Jeffrey J. Neuman
Neustar, Inc. / Vice President, Business Affairs
21575 Ridgetop Circle, Sterling, VA 20166
Office: +1.571.434.5772  Mobile: +1.202.549.5079  Fax: +1.703.738.7965 / jeff.neuman at neustar.biz<mailto:jeff.neuman at neustar.biz>  / www.neustar.biz<http://www.neustar.biz/>

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