[GNSO-RPM-WG] Renee's Comments: URS Recommendation on the Language of Proceeding

[Ariel Liang]

Dear All,

Per action item from Tuesday’s meeting, staff checked with Renee Fossen with regard to the draft URS recommendation concerning the Language of Proceeding, which was converted from URS Individual Proposal #34 absorbing URS Recommendation #9 (see Rec 9 on pp.14-15 here<https://docs.google.com/document/d/1huKNcgg3VAk95oybb-7u9papLZ4kEMUHNQNElMPWMFY/edit#heading=h.udqhr3c883uo>). The updated language of the draft recommendation under discussion can be found on pp.7-9 of the Google Doc here: https://docs.google.com/document/d/1qjiKBaAAMNPctSIwP932OKT6vrgkFXxdVYVf6DAz2no/edit

Please see below Renee’s input/comments.

Best Regards,
Mary, Julie, Ariel

==
Comments regarding #34

We do not seek registration agreement information from a Registrar in URS proceedings.  In the context of URS proceedings, other than fulfilling obligations per URS Procedure 4.4, Forum coordinators do not have contact with Registrars unless absolutely necessary to obtain registrant data unavailable from the Registry for whatever reason.  In those rare instances we have found that about 50% of the time, we get some push back on the request because it does not relate to a UDRP.  When we are forced to contact a Registrar for information it typically adds days to the process.

Comments regarding #9 (and #34)

FORUM researches what the predominant language is in Respondent’s physical location based on the registration information provided by the Registry by visiting various websites that curate information regarding languages by country/territory.  In some geographic locations, the percentage split between predominate languages is negligible.  Although this is not at all a huge problem, it may be helpful for Providers to have some guidance perhaps in the form of a list of ICANN sanctioned websites to review for the most accurate language data, a table of researched and approved languages for countries with multiple languages,  and/or guidance on what an acceptable percentage is to make a language predominant.

When the domain subject to a URS Complaint has been registered via a privacy or proxy service, FORUM provides the notice in English and the predominant language of the country or territory where the Proxy Service is located (very often Spanish).  Rarely is a privacy shield lifted in a URS proceeding, making it impossible to determine the language likely spoken by the registrant.

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