[Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC

Mon Jun 11 15:37:39 UTC 2018

I would additionally add: basis of finding of bad faith, if found (alongside registrant defenses), and language (of complaint, of response/communication w/registrant if any, of website associated w/domain name if any).

The basis of the finding of bad faith is at the core of the proceeding, and important for transparency and legitimacy--and it is precisely what our research shows is missing from a substantial minority of cases; the problem with missing marks is not as great.

And we just don't know enough about language at this point; future review of the URS and development of providers' future directions, especially as the internet loses its English dominance, will depend on tracking language issues.

Rebecca Tushnet
Frank Stanton Professor of First Amendment Law, Harvard Law School
703 593 6759
________________________________
From: BECKHAM, Brian <brian.beckham at wipo.int>
Sent: Monday, June 11, 2018 11:21:27 AM
To: Tushnet, Rebecca; mail at berrycobb.com; gnso-rpm-documents at icann.org
Subject: RE: [Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC

Thanks very much Rebecca for joining us in these busy times.

Further to an email from Kathy Kleiman today, there seems to be emerging agreement in this subteam that a “checklist” of sorts to guide URS examiners on the minimal elements that should be in a URS determination will be proposed to the full WG for consideration as a policy recommendation of the WG.

Aside from some of those already mentioned (e.g., the domain name(s) at issue, the mark(s) at issue, any use of the corresponding site(s), party names, date(s) of registration of the relevant domain names, (in) applicability of registrant defenses, etc.) do you have any specific suggestions for additional elements to consider?

If it turns out that this is a more or less comprehensive list, the recommendation may be more that it is applied in future cases (i.e., to avoid what has been identified as a small subset of cases which seem to lack substantive reasoning).

Thanks, and kind regards,

Brian

From: Gnso-rpm-documents [mailto:gnso-rpm-documents-bounces at icann.org] On Behalf Of Tushnet, Rebecca
Sent: Monday, June 11, 2018 4:45 PM
To: mail at berrycobb.com; gnso-rpm-documents at icann.org
Subject: Re: [Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC

I am running a conference on 13 June but I will call in at 17:00 UTC.  Because of my other commitments, I would greatly appreciate an emailed heads-up about questions so I can make sure to review the relevant materials.  Thank you!

Rebecca Tushnet

Frank Stanton Professor of First Amendment Law, Harvard Law School
703 593 6759

________________________________

From: Gnso-rpm-documents <gnso-rpm-documents-bounces at icann.org> on behalf of mail at berrycobb.com <mail at berrycobb.com>
Sent: Monday, June 11, 2018 7:27:15 AM
To: gnso-rpm-documents at icann.org
Subject: Re: [Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC

Hi Brian and All,

As I understand, Rebecca will be available to the Docs sub-team for about 30 minutes.

I’m expecting by Tuesday, staff will send information for the sub-team to review:

•         Data on the domain disposition of URS cases

•         Multiple URS cases filed on the same domain

•         URS Case response analysis

•         Discuss URS Cases where the Respondent prevailed (two drafts extracted from Rebecca’s coding)

o   We will have to discuss this piece based on Rebecca’s availability and staff will be looking for guidance to complete this analysis.

After review of these four areas, I expect that the Docs sub-team will have completed its data gathering.

Thank you.

B

Berry A. Cobb

720.839.5735

mail at berrycobb.com<mailto:mail at berrycobb.com>

@berrycobb

From: Gnso-rpm-documents [mailto:gnso-rpm-documents-bounces at icann.org] On Behalf Of BECKHAM, Brian
Sent: Monday, June 11, 2018 06:37
To: Julie Hedlund; gnso-rpm-documents at icann.org
Subject: Re: [Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC

Thanks Julie,

Do we happen to know if Rebecca will be able to join this June 13 call?

I also would like to ask two things:  (1) if it is possible for our subteam members to share any thoughts on this list prior to the call, and (2) if anyone could back me up to co-lead or lead the call, as I will be at the ECTA Annual Conference in Greece.

Having run through the excel sheet, it seems to largely support the preliminary view of this subteam that the URS generally seemed to working as intended.

It also seems that there is a small subset of cases where this is little to no justification by the examiner beyond reciting the URS elements (which is not by itself per se evidence of a failure of the system or the particular case/examiner, and which must be weighed against the URS goals of speed, cost, and the nature of the domain names at issue).

All said, this supports the complimentary preliminary view of this subteam that one possible recommendation for the full WG to consider would be some sort of checklist of minimum elements that should be included in URS determinations.

Brian

From: Gnso-rpm-documents [mailto:gnso-rpm-documents-bounces at icann.org] On Behalf Of Julie Hedlund
Sent: Tuesday, June 05, 2018 6:04 PM
To: gnso-rpm-documents at icann.org
Subject: [Gnso-rpm-documents] URS Documents Sub Team Meeting on 13 June 17:00 UTC

Dear all,

Please note that per item 2b below a meeting will be scheduled on 13 June at 17:00 UTC for 90 minutes to review through data as identified by the Documents Sub Team where Rebecca's research may assist and additional data as completed by staff (to be sent early next week for the Sub Team review prior to the call).

Kind regards,

Mary, Ariel, Berry, and Julie

From: gnso-rpm-wg <gnso-rpm-wg-bounces at icann.org> on behalf of Julie Hedlund <julie.hedlund at icann.org>
Date: Tuesday, June 5, 2018 at 10:53 AM
To: "gnso-rpm-wg at icann.org" <gnso-rpm-wg at icann.org>
Subject: [gnso-rpm-wg] RPM Working Group June Schedule and Work Plan

Dear RPM Working Group members,

On behalf of the RPM Working Group (WG) Co-Chairs, here is a preview of the work anticipated for June relating to the various data collection exercises with additional details in the attached table:

  1.  Wednesday, 06 June: No Full Working Group meeting. Instead, the TMCH Data Sub Team will work with the Analysis Group on final questions for registries, registrars, trademark owners, registrants, and potential registrants. A second meeting is scheduled on 07 June if needed.

     *   Analysis Group will preview the proposed final survey questions to the full WG by 13 June via mailing list
     *   After pre-testing, Analysis Group launches surveys around 22 June on a rolling basis

  1.  Wednesday, 13 June: No Full Working Group meeting. Two URS Data Sub Teams will meet to review the research of Prof. Tushnet:

     *   Providers Sub Team – 12:00 UTC
     *   Documents Sub Team – 17:00 UTC
     *   Both will consider how best to use the relevant URS data and will aim to present their recommendations to full WG on 20 June.
     *   Practitioners Sub Team will receive the Practitioners survey results by 11 June – Staff will assist in setting up a time to meet, review and organize them 12 or 14 June.
     *   Providers Sub Team should begin to review the Providers survey results on 13 June.

  1.  Wednesday, 20 June: Full Working Group meeting: Presentations by Providers and Documents Sub Teams about their recommendations for the use of relevant URS data from Prof. Tushnet’s compilation.

  1.  Panama City ICANN62: Face-to-Face Full WG Meetings (with remote participation):

a.      Wednesday, 27 June, 10:30 am-Noon (local time) – first RPM WG Meeting: URS Data discussion—Presentation from Practitioners Sub Team re: Survey Results

b.      Thursday, 28 June, 9:00-10:15 am (local time) – second RPM WG Meeting: URS Data discussion—Presentation from Providers Sub Team re: Survey Results

c.       Thursday, 28 June, 10:30 am-Noon (local time) – third RPM WG Meeting: Discussion on Procedural Issues

Staff have scheduled the meetings with the TMCH Data Sub Team this week, and will be coordinating with the Providers, Practitioners, and Documents URS Sub Teams concerning meetings the week of 11 June.  In addition, staff will send to the WG the links to the three ICANN62 sessions (which will include details for remote participation – we expect to be back with Adobe Connect again).

Please let us know if you have any questions about these plans.

Best regards,

Mary, Ariel, Berry, and Julie

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