[council] NCUC statement on the URS

Mary.Wong at law.unh.edu Mary.Wong at law.unh.edu
Sun Jun 19 03:57:41 UTC 2011

The following is a formal statement from the Non-Commercial Users Constituency (NCUC) on the Uniform Rapid Suspension (URS) system. We would greatly appreciate it if ICANN staff or the GNSO representatives on the Board could ensure that it is forwarded to the rest of the Board as soon as possible. Thank you.
"The NCUC strongly urges the ICANN Board to retain the current proposed standard of proof in relation to the URS. Not only is the standard consistent with the recommendations made by the IRT and STI, which represents community consensus on this particular point, lowering the standard to that being requested by the GAC would completely undermine the purpose of the URS, which is to expedite suspension of domains in "slam dunk" cases without abrogating the rights of applicants to due process. Allowing an expedited suspension on the basis merely of a "preponderance of the evidence" would go against this fundamental principle, and disrupt registrants' reliance on domain stability. Changing the evidentiary standard would also potentially expand the URS, undoing the safeguards that were negotiated and published in the Guidebook and raising the very real possibility of abuse of the URS. The URS is not intended to replace the UDRP, and as such one of the critical differences between the two - as to the standard of proof - must be retained."
Best regards,
Mary W S Wong
Professor of Law
Chair, Graduate IP Programs
Director, Franklin Pierce Center for IP
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH 03301USAEmail: mary.wong at law.unh.eduPhone: 1-603-513-5143Webpage: http://www.law.unh.edu/marywong/index.phpSelected writings available on the Social Science Research Network (SSRN) at: http://ssrn.com/author=437584
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