The following is a statement just issued by the NCUC which I personally support and that the ALAC might consider supporting as well. Alan
From: "Mary.Wong@law.unh.edu" <Mary.Wong@law.unh.edu> To: "council@gnso.icann.org" <council@gnso.icann.org>, "karen.lentz@icann.org" <karen.lentz@icann.org>, Kurt Pritz <kurt.pritz@icann.org>, "Bruce.Tonkin@melbourneit.com.au" <Bruce.Tonkin@melbourneit.com.au>, Rita Rodin Johnston <Rita.Rodin@skadden.com> CC: Konstantinos Komaitis <k.komaitis@strath.ac.uk> Date: Sat, 18 Jun 2011 23:57:41 -0400 Subject: [council] NCUC statement on the URS
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
Mary W S Wong Professor of Law Chair, Graduate IP Programs Director, Franklin Pierce Center for IP UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH 03301 USA Email: <mailto:mary.wong@law.unh.edu>mary.wong@law.unh.edu Phone: 1-603-513-5143 Webpage: <http://www.law.unh.edu/marywong/index.php>http://www.law.unh.edu/marywong/index.php Selected writings available on the Social Science Research Network (SSRN) at: <http://ssrn.com/author=437584>http://ssrn.com/author=437584