[council] Public Comment Request: Locking of a Domain Name Subject to UDRP Proceedings Policy Development Process (PDP) Recommendations for Board Consideration

[Glen de Saint Géry <Glen@xxxxxxxxx>]

https://www.icann.org/en/news/public-comment/locking-domain-name-recommendations-02aug13-en.htm

Locking of a Domain Name Subject to UDRP Proceedings Policy Development Process 
(PDP) Recommendations for Board Consideration
Comment / Reply Periods (*)
Comment Open Date: 2 August 2013
Comment Close Date: 23 August 2013 - 23:59 UTC
Reply Open Date: 24 August 2013
Reply Close Date: 13 September 2013 - 23:59 UTC
Important Information Links
Public Comment 
Announcement<https://www.icann.org/en/news/announcements/announcement-02aug13-en.htm>
To Submit Your Comments 
(Forum)<mailto:comments-locking-domain-name-recommendations-02aug13@xxxxxxxxx>
View Comments 
Submitted<http://forum.icann.org/lists/comments-locking-domain-name-recommendations-02aug13/>
Brief Overview
Originating Organization:
ICANN Policy Staff
Categories/Tags:

 *   Contracted Party Agreements
 *   Policy Processes
Purpose (Brief):

Obtain community input on the Locking of a Domain Name subject to UDRP 
Proceedings Policy Development Process recommendations adopted by the GNSO 
Council prior to ICANN Board consideration.
Current Status:

The Locking of a Domain Name subject to UDRP Proceedings PDP Working Group 
delivered its Final 
Report<http://gnso.icann.org/en/issues/locking/domain-name-final-05jul13-en.pdf>
 [PDF, 1.01 MB] to the GNSO Council on 5 July 2013. The report and its 
recommendations were adopted unanimously by the GNSO Council on 1 August. As 
required by the ICANN Bylaws, public notice is hereby provided of the policies 
that are considered for adoption as well as an opportunity to comment on the 
adoption of the proposed policies, prior to consideration by the ICANN Board of 
these recommendations.
Next Steps:

ICANN Staff will prepare a summary of the public comments received that will be 
submitted to the Board in conjunction with the Locking of a Domain Name subject 
to UDRP Proceedings recommendations adopted by the GNSO Council.
Staff Contact:
Marika Konings
Email Staff 
Contact<mailto:policy-staff@xxxxxxxxx?subject=More%20information%20on%20the%20Locking%20of%20a%20Domain%20Name%20Subject%20to%20UDRP%20Proceedings%20Policy%20Development%20Process%20%28PDP%29%20Recommendations%20for%20Board%20Consideration%20public%20comment%20period>
Detailed Information
Section I: Description, Explanation, and Purpose:

The Generic Names Supporting Organization (GNSO) unanimously 
approved<http://gnso.icann.org/en/node/40865> at its meeting on 1 August 2013 
the recommendations of the Locking of a Domain Name subject to UDRP Proceedings 
PDP Working Group. The 17 recommendations, which are pending for Board action, 
are intended to clarify and standardize the process for locking of a domain 
name subject to UDRP Proceedings, including:

 *   Definition of 'locking'
 *   Requiring registrar to apply lock within 2 business days following request 
for verification
 *   Removing obligation for complainant to notify the respondent at the time 
of filing, but add automatic extension of 4 days to response time upon request
 *   Step by step clarification of requirements of different parties involved
 *   Development of educational and informational materials to assist in 
informing affected parties of new requirements and recommended best practices

For the full details of these recommendations, you are strongly encouraged to 
review section 7 of the Final 
Report<http://gnso.icann.org/en/issues/locking/domain-name-final-05jul13-en.pdf>
 [PDF, 1.01 MB].

You are invited to submit your comments before final consideration of these 
recommendations by the ICANN Board.
Section II: Background:

Currently there is no requirement to lock names in period between filing 
complaint and commencement of proceedings and no definition of 'status quo', 
which has resulted in different interpretations and confusion of the policy. To 
address this issue, the GNSO Council decided to initiate a Policy Development 
Process on 15 December 2011. As part of its deliberations, the WG was required 
to consider the following questions:

1. Whether the creation of an outline of a proposed procedure, which a 
complainant must follow in order for a registrar to place a domain name on 
registrar lock, would be desirable.

2. Whether the creation of an outline of the steps of the process that a 
registrar can reasonably expect to take place during a UDRP dispute would be 
desirable.

3. Whether the time frame by which a registrar must lock a domain after a UDRP 
has been filed should be standardized.

4a. Whether what constitutes a "locked" domain name should be defined.

4b. Whether, once a domain name is 'locked' pursuant to a UDRP proceeding, the 
registrant information for that domain name may be changed or modified.

5. Whether additional safeguards should be created for the protection of 
registrants in cases where the domain name is locked subject to a UDRP 
proceeding.

The Working Group published its Initial Report for public comment on 15 March 
2013 (see 
http://www.icann.org/en/news/public-comment/locking-domain-name-15mar13-en.htm<https://www.icann.org/en/news/public-comment/locking-domain-name-15mar13-en.htm>),
 followed by its Final Report on 5 July 2013.
Section III: Document and Resource Links:

 *   Locking of a Domain Name Subject to UDRP Proceedings PDP Final 
Report<http://gnso.icann.org/en/issues/locking/domain-name-final-05jul13-en.pdf>
 [PDF, 1.01 MB]
 *   Uniform Domain Name Dispute Resolution 
Policy<https://www.icann.org/en/help/dndr/udrp/policy>
 *   Rules for Uniform Domain Name Dispute Resolution 
Policy<https://www.icann.org/en/help/dndr/udrp/rules>
Section IV: Additional Information:

None

________________________________

(*) Comments submitted after the posted Close Date/Time are not guaranteed to 
be considered in any final summary, analysis, reporting, or decision-making 
that takes place once this period lapses.
Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org