[council] GNSO Council resolution 19 January 2012

[Glen de Saint Géry <Glen@xxxxxxxxx>]

Dear Councillors,

Ahead of the official GNSO Council minutes, the following  resolution was  
passed at the Council meeting on 19 January  2012.

Please let me know if you have any questions.
Thank you.
Kind regards,

Glen
Motion on the Adoption of the Staff Proposal on IRTP Part B Recommendation #9 
part 2

WHEREAS on 24 June 2009, the GNSO Council launched a Policy Development Process 
(PDP) on IRTP Part B addressing the following five charter questions:

a. Whether a process for urgent return/resolution of a domain name should be 
developed, as discussed within the SSAC hijacking 
report?(http://www.icann.org/announcements/hijacking-report-12jul05.pdf);<http://www.icann.org/announcements/hijacking-report-12jul05.pdf%29;>
 see also 
(http://www.icann.org/correspondence/cole-to-tonkin-14mar05.htm);<http://www.icann.org/correspondence/cole-to-tonkin-14mar05.htm%29;>

b. Whether additional provisions on undoing inappropriate transfers are needed, 
especially with regard to disputes between a Registrant and Admin Contact (AC). 
The policy is clear that the Registrant can overrule the AC, but how this is 
implemented is currently at the discretion of the registrar;

c. Whether special provisions are needed for a change of registrant when it 
occurs near the time of a change of registrar. The policy does not currently 
deal with change of registrant, which often figures in hijacking cases;

d. Whether standards or best practices should be implemented regarding use of a 
Registrar Lock status (e.g. when it may/may not, should/should not be 
applied);?e. Whether, and if so, how best to clarify denial reason #7: A domain 
name was already in 'lock status' provided that the Registrar provides a 
readily?accessible and reasonable means for the Registered Name Holder to 
remove the lock status.

WHEREAS this PDP has followed the prescribed PDP steps as stated in the Bylaws, 
resulting in a Final Report delivered on 30 May 2011;

WHEREAS the IRTP Part B WG has reached full consensus on the recommendations in 
relation to each of the five issues outlined above;

WHEREAS in relation to recommendation #9 part b, the GNSO Council resolved at 
its meeting on 22 June to request ICANN Staff to provide a proposal for a new 
provision on locking / unlocking of a domain name, taking into account the IRTP 
Part B WG deliberations in relation to this issue (see IRTP Part B Final Report 
- (Recommendation #9 - part 2). Upon review of the proposal, the GNSO Council 
will consider whether to approve the recommendation;

WHEREAS ICANN staff developed the proposal in consultation with the IRTP Part B 
Working Group which was put out for public comment (see 
http://www.icann.org/en/public-comment/irtp-b-staff-proposals-22nov11-en.htm);<http://www.icann.org/en/public-comment/irtp-b-staff-proposals-22nov11-en.htm%29;>

WHEREAS comments were received from the Intellectual Property Constituency, and 
though received after the comment deadline were nonetheless considered by the 
GNSO Council, and the proposal was submitted to the GNSO Council;

WHEREAS the GNSO Council has reviewed and discussed the ICANN Staff proposal in 
relation to IRTP Part B recommendation #9 part 2.

RESOLVED, the GNSO Council recommends to the ICANN Board of Directors that it 
adopts and implements IRTP Part B recommendation #9 part 2 and the related 
ICANN Staff proposal (as described in 
http://gnso.icann.org/issues/transfers/irtp-b-final-report-30may11-en.pdf and 
http://gnso.icann.org/mailing-lists/archives/council/msg12545.html).


Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx<mailto:gnso.secretariat@xxxxxxxxxxxxxx>
http://gnso.icann.org