[gnso-rpm-wg] URS / UDRP proposals -- data on registrar/registry compliance costs

[Doug Isenberg]

Thanks, Jonathan, this seems like a very discrete issue that is unlikely to arise with any frequency.  (Actually, now that I reread your email, I’m not even sure what a “lifetime lock” is in the context of a URS proceeding – can you explain?)  I’d love to know of any real-life disputes that fit the situation you’ve described.

 

Doug

 

 

From: Jonathan Frost <jonathan at get.club> 
Sent: Wednesday, September 5, 2018 1:59 PM
To: Doug at giga.law
Cc: gnso-rpm-wg <gnso-rpm-wg at icann.org>
Subject: Re: [gnso-rpm-wg] URS / UDRP proposals -- data on registrar/registry compliance costs

 

For instance, there is ambiguity about what action a registry should take when a domain which is already the subject of a URS judgement & lifetime lock receives a UDPR judgement that requires unlock & transfer.  The URS rules don't account for this situation, and by their letter, require that the domain not be unlocked.  However, the registries are also required to comply with consensus policies (such as UDRP).

 

Jonathan

 

On Wed, Sep 5, 2018 at 1:47 PM Doug Isenberg <Doug at giga.law <mailto:Doug at giga.law> > wrote:

What are some of the “ambiguities in complying with the rules”?

 

Doug

 

 

From: gnso-rpm-wg <gnso-rpm-wg-bounces at icann.org <mailto:gnso-rpm-wg-bounces at icann.org> > On Behalf Of Jonathan Frost
Sent: Wednesday, September 5, 2018 1:15 PM
To: icann at leap.com <mailto:icann at leap.com> 
Cc: gnso-rpm-wg <gnso-rpm-wg at icann.org <mailto:gnso-rpm-wg at icann.org> >
Subject: Re: [gnso-rpm-wg] URS / UDRP proposals -- data on registrar/registry compliance costs

 

I agree that Registries and Registrars need to be able to recover the cost of administering the URS/UDRPs, as part of the filing fee.    

 

The costs that the Registries/Registrars bear actually goes beyond what Reg has said.  There are situations where we have to go to outside counsel or even ICANN to resolve ambiguities in complying with the rules.    Additionally, the 24 hour action requirement on locking a domain that has received a URS complaint actually increases the resources that have to be dedicated, beyond the actual number of minutes per complaint, because compliance personal has to allocate/reserve a certain time per day to perform the tasks, even if no complaint is received that day.

 

Just like the arbitration administrators charge a cost recovery fee for administration as part of the filing fee, it's just common since that the Registries/Registrars would too.  

 

Jonathan Frost

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