[Gnso-rpm-providers] Website - Respondent Responds Within 6 Months After Default Determination

[Carrie Shu Shang]

Thanks Ariel,

This is in line with our current practices, although we have not had any past instance that a Response was filed after the Respondent was in Default.

Best,

-Carrie

From: Gnso-rpm-providers <gnso-rpm-providers-bounces at icann.org> On Behalf Of Ariel Liang
Sent: Thursday, March 08, 2018 9:34 PM
To: gnso-rpm-providers at icann.org
Subject: [Gnso-rpm-providers] Website - Respondent Responds Within 6 Months After Default Determination

Dear Providers Sub Team,

As per action item from the last meeting, staff checked with ICANN GDD colleagues on how a disputed website would resolve when the Respondent responded to the Complaint within the six-month period after the Default Determination. Please see their response below:

After a URS provider receives a response for a Default Determination, the Provider will inform the Registry Operator to “roll back” the domain name per section 6.5 of URS Procedure.

URS Procedure 6.5: If a Response is filed after: (i) the Respondent was in Default (so long as the Response is filed in accordance with 6.4 above); and (ii) proper notice is provided in accordance with the notice requirements set forth above, the domain name shall again resolve to the original IP address as soon as practical, but shall remain locked as if the Response had been filed in a timely manner before Default. The filing of a Response after Default is not an appeal; the case is considered as if responded to in a timely manner.

The RO needs to “roll back” the re-direction of the nameserver so the domain name resolves as it did prior to the dispute. The RO must maintain the URS LOCK on the domain name, so the disputed website will remain inactive.

The URS provider will inform the RO of the final determination which may require the RO to (1) suspend the domain name again; or (2) perform a full rollback, allowing the registrant to regain control.

I will incorporate this information in the Sub Team’s consolidated questions & answers document. Please don’t hesitate to let me know if you have further inquiry on this.

Thank you!
Ariel

Ariel Xinyue Liang
Policy Analyst | Washington, DC
Internet Corporation for Assigned Names and Numbers (ICANN)

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