Hello ADC WG members,

 

In preparation for Monday’s call, the RrSG has prepared some proposed preliminary language for CQ5 and CQ6. The proposed language has been added in as comments under each charter question section in the WG Collaboration document.  

 

For ease of reference, please find the proposed preliminary language below as well.

 

Charter Question 5 - If the associated domain checks have an adverse impact on domain name registrants, are there corresponding remedies?

 

ADCs MUST rely on applicable legal, contractual, and operational safeguards and MUST be implemented in a manner that is proportionate, evidence-based, and designed to minimize unintended impacts on legitimate registrants, taking reasonable measures to reduce the risk of false positives or erroneous associations.

 

Existing procedures, contractual obligations, and legal frameworks provide safeguards relevant to conducting ADC. In cases where ADC may result in adverse impacts on legitimate domain name registrants, the existing recourse mechanisms may be insufficient. Recognizing that there is already consideration within the GNSO Council of future PDP work on the topic of recourse the WG Recommends further efforts continue strengthening recourse options available to registrants.

 

Charter Question 6 - What are appropriate timelines and thresholds for initiating and concluding the associated domain check?

 

Registrars MUST initiate and conduct Associated Domain Checks promptly following receipt or identification of actionable evidence of DNS Abuse, taking into account the specific circumstances of each case. 

 

In determining what constitutes prompt initiation and completion of an ADC, relevant considerations MAY include:

the severity and immediacy of the DNS Abuse;

the scale and complexity of the abuse activity under review;

the need to minimize collateral impact on legitimate registrants; and operational realities and available resources.

 

The WG Recommends retaining a contextual and flexible “promptly” standard as this is aligned with existing RAA obligations.

 

Looking forward to further discussions.

 

Natalie

 

Natalie Howatson
She/Her
Domain Strategist
Com Laude
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I see, just the bullet points, then. Thank you.