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

[Ariel Liang]

Hello Justine,

Thanks for raising this question again.

I will record this in the consolidated document of questions for providers for now. When the Sub Team goes through the URS Procedures, perhaps this question could be discussed again and see who would be the appropriate target for this question.

Thank you!
Ariel

From: Justine Chew <justine.chew at gmail.com>
Date: Saturday, March 10, 2018 at 5:51 AM
To: Ariel Liang <ariel.liang at icann.org>
Cc: "gnso-rpm-providers at icann.org" <gnso-rpm-providers at icann.org>
Subject: [Ext] Re: [Gnso-rpm-providers] Website - Respondent Responds Within 6 Months After Default Determination

Hi Ariel,

Thanks, this is what I understand also from reading the URS Rules together with the Procedures.

A related question I raised was in respect of the Procedures clause 6.2 -- whether the Registry Operator, in locking a domain, also has the technical capability to prevent the Registrant from changing the content on the Registrant's site. Or does the Notice of Default sent by the Provider to the Registrant (and also to the Complainant) merely instructs that the Registrant is prohibited from doing so, sans the ability to enforce that prohibition.  I can't quite recall who this question should be put to for a reply/confirmation from the Subteam's last call.

Thanks
​ and regards​
,

Justine
-----

On 9 March 2018 at 12:28, Carrie Shu Shang <cshang at hkiac.org<mailto:cshang at hkiac.org>> wrote:
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<mailto: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<mailto: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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