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

[George Kirikos]

Hi Jonathan,

Great point about the administrative overhead associated with the
required response time (i.e. whether or not a complaint is actually
received on a given day, some staff time must be allocated, each day
for each of the 365 days in the calendar year, even on holidays and
weekends, to be able to respond within 24 hours). Can you give a cost
estimate of that overhead, on a per TLD or per registrar basis,
annualized?

Doing some rough back of the envelope calculations of my own, even if
just 10 minutes/day were needed to check in on potential disputes that
needed to be administered by a registrar/registry, that's 3650 minutes
per year, or 60.83 hours per year. At $100/hr, that's a fixed overhead
of $6,083/yr per registrar/registry (although, there's some obvious
economies of scale for registrars/registries that own/manage multiple
accreditations and/or multiple TLDs).

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/


On Wed, Sep 5, 2018 at 2:39 PM, Jonathan Frost <jonathan at get.club> wrote:
> I agree that it's not an issue that will arise with frequency, however these
> types of issues do arise, they do create costs for the
> Registries/Registrars.  In fact, like George pointed out, it arises when a
> TM Holder prevails in URS, then decides that it actually wants possession of
> the domain, and subsequently files a UDRP.
>
> My main point was that, in addition to the day to day time commitments,
> there are unpredictable legal costs associated with the administration of
> URS/UDRP (in part because rule sets laws or contracts cannot cover all
> scenarios without being inefficiently burdensome).
>
> That's why it makes sense for there to be a cost-recovery mechanism, so that
> the Registries/Registrars can be compensated costs related to administration
> overhead in the same way that NAF/WIPO are compensated.
>
> Jonathan
>
> On Wed, Sep 5, 2018 at 2:19 PM Doug Isenberg <Doug at giga.law> wrote:
>>
>> 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> wrote:
>>
>> What are some of the “ambiguities in complying with the rules”?
>>
>>
>>
>> Doug
>>
>>
>>
>>
>>
>> From: gnso-rpm-wg <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
>> Cc: gnso-rpm-wg <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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>
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