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

[Greg Shatan]

All it takes is this:
Microsoft says its DCU is made up of an international group of attorneys,
investigators, data scientists, engineers, analysts and business
professionals all focused on “protecting people, organizations and our
cloud against cybercriminals. We disrupt cybercrime through the innovative
application of technology, forensics, law and partnerships.”

It seems clear to me that MS took this approach because a UDRP would take
too long and would not be effective against a Russian criminal hacker.

Getting an ex parte seizure order is not an easy thing and only appropriate
for particular circumstances, fundamentally different from those that are
appropriate for  UDRP/ URS proceedings.

Best regards,

Greg

On Wed, Sep 5, 2018 at 10:29 PM George Kirikos <icann at leap.com> wrote:

> Hi Georges,
>
> On Wed, Sep 5, 2018 at 3:31 PM, Nahitchevansky, Georges
> <ghn at kilpatricktownsend.com> wrote:
> > registrars and registrants).  It just seems that cost shifting arguments
> > miss the point that someone can waltz in, register an infringing domain
> name
> > for often less than $20 USD and create significantly higher costs for a
> > number of parties that in the aggregate are quite significant.  My point
> > here is that yes there are costs, but they should not fall
> > disproportionately on one constituency.  So if we start going down this
> > path, then we should look at everyone’s costs and discuss what is fair
> and
> > appropriate, as well as what penalties should be placed on bad actors.
>
> Suppose someone buys a can of spray paint, and uses it to put up some
> offensive graffiti, etc. Are you suggesting the retailer that sold the
> paint (Walmart, etc.) should contribute to the cost of removing that
> graffiti? Or perhaps the paint manufacturer should chip in? I'd really
> like to know.
>
> What is so "special" about domain names, that we treat them
> differently than other kinds of crime? Courts exist, yet some seek
> "special" extra-judicial procedures despite not really demonstrating
> that they're actually special.
>
> What is "fair and appropriate" has been determined in courts and laws
> over thousands of years.
>
> A couple of weeks ago, Microsoft was able to take down 6 domains, and
> used the courts to do so:
>
>
> https://blogs.microsoft.com/on-the-issues/2018/08/20/we-are-taking-new-steps-against-broadening-threats-to-democracy/
>
> No URS or UDRP was required. If they can do this, why can't everyone else?
>
> Sincerely,
>
> George Kirikos
> 416-588-0269
> http://www.leap.com/
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> gnso-rpm-wg at icann.org
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