August 2018 - GNSO-RPM-WG - lists.icann.org

REMINDER re: ACTIONS/FOR REVIEW: Super Consolidated URS Topics Table by 14 August
by Julie Hedlund Aug. 14, 2018

Aug. 14, 2018

Dear all, Per the message below, this is a reminder to review the attached document and provide any comments by COB Tuesday, 14 August. Best, Mary, Ariel, Berry, and Julie From: gnso-rpm-wg <gnso-rpm-wg-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Wednesday, August 8, 2018 at 4:20 PM To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [gnso-rpm-wg] ACTIONS/FOR REVIEW: Super Consolidated URS Topics Table by 14 August Dear all, Per the action items from the notes below, staff is recirculating the Super Consolidated URS Topics Table (attached). WG members are requested to provide substantive comment and raise anything they believe is missing on the WG mailing list by COB Tuesday, 14 Aug. In addition, WG members are requested to finish reviewing the rest of the Super Consolidated URS Topics Table document, including page 24-35, which will be discussed during next week’s call. Best, Mary, Ariel, Berry, and Julie From: gnso-rpm-wg <gnso-rpm-wg-bounces(a)icann.org> on behalf of Ariel Liang <ariel.liang(a)icann.org> Date: Wednesday, August 8, 2018 at 3:57 PM To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [gnso-rpm-wg] ACTIONS & NOTES: RPM PDP WG 08 August 2018 Dear All, Please see below the action items and notes captured by staff from the RPM PDP WG call held on 08 August 2018 (17:00-18:30 UTC). Staff have posted to the wiki space the action items and notes. Please note that these will be high-level notes and are not meant as a substitute for the recording. The recording, AC chat, and attendance records are posted on the wiki at: https://community.icann.org/x/uwNpBQ [community.icann.org] Best Regards, Ariel Ariel Xinyue Liang GNSO Policy Support Specialist Internet Corporation for Assigned Names and Numbers (ICANN) == ACTION ITEMS: Brian Beckham to send to the WG a WIPO FAQ with regard to “Doe Complaint”. Renee Fossen to provide more information on HSTS-preloaded domain suspension issues in the written responses. Staff to recirculate the Super Consolidated URS Topics Table document WG members to provide substantive comment and raise anything they believe is missing on the WG mailing list by COB Tue, 14 Aug. Co-Chairs will then discuss among themselves to determine further actions/process. WG members to finish reviewing the rest of the Super Consolidated URS Topics Table document, including page 24-35, during next week’s call. Later period to discuss larger policy issues. NOTES: Review Agenda/Statements of Interest George Kirikos has become a member of the At-Large Community: https://community.icann.org/display/gnsosoi/George+Kirikos+SOI [community.icann.org] General Comment on the Super Consolidated URS Topics Table Document The topics in the table were developed by the WG members and deliberated on by the WG & URS Sub Teams. Each Sub Team then did very substantial work on data collection and reviewing what came back. While the actual Sub Team recommendations and suggestions captured in this document are what is intended the WG should discuss - to see if it wishes to develop policy or operational recommendations - discussion over what should be on the actual list of topics should not be reopened unless the WG agrees to do so. We encourage all WG members to review all the previous reports from each Sub Team, and all the documents they worked on. They are linked in this Super Consolidated document (page 2). The Super Consolidated document is a summary of findings and suggestions by the Sub Teams. The Table does not mean to limit/restrict recommendations from the WG members. If there is any issue overlapping with UDRP, can possibly be carried over to the phase II of the PDP. Is it possible to add additional topics to the Super Consolidated Table? One WG member said that access to the Courts, for example, is a topic he raised, which isn't in the table. Statute of Limitations, whether URS should apply to legacy gTLDs as a consensus policy, are just a few of the topics not in the table. He brought it up in November 2017 (see: https://mm.icann.org/pipermail/gnso-rpm-wg/2017-November/002585.html ) and it was reflected in a later document. That's a critical issue for registrants. if they don't have access to the courts to challenge a URS decision, then it's a huge denial of their rights. While the chart is not meant to foreclose further discussion, it is a good faith attempt at capturing the work of the sub teams. The purpose of today's, and likely the next few, calls was to make sure this was an accurate and comprehensive reflection of our discussions so far. That said, WG members should bear in mind that we are seeking consensus, so items which are unlikely to achieve that may not be appropriate to reflect as a recommendation, but could be included in public comments on the Initial Report. Also, before adding items to this chart, we will want to work with staff to see whether such topics was previously discussed, and if so, the level of agreement/consensus. In other words, it is not necessary final, but is equally an opportunity to reintroduce topics which have been discussed, but for which consensus is/was not possible. Could we create a list of "missing issues" -- a list of issues raised in this call (and calls to follow); we can evaluate the nature and weight of these ideas later. Regarding the Action Items highlighted in column 3 of the table, Providers ST will do a first pass of the responses from the Providers to the follow-up questions, and then discuss the issues that they identified and proposed suggestions with the full WG. Limited filing period (page 3) One WG member believes that there should be limitation for filing period to bring URS Complaints, so the domain registered many years ago would not be subject to unfair treatment. He said a registrant who owns a domain for 20 years, for example, shouldn't have to be concerned about a policy that can take their domain down with very short time period to respond. Other WG members said this was discussed, and did not achieve agreement. That would only even be an option if the trademark pre-dated. This is unlikely to be a situation in practice where a URS was brought because it would probably not be a "slam dunk" case after 20 years unless there had been a change of circumstances. On the issue of delay and laches - as reported by the Docs Sub Team, the data did not provide any basis for which a policy recommendation should be made. The Providers and Practitioners Sub Teams also did not uncover any specific issues that came to either practitioners' or providers' attention. Administrative Review (page 3-4) One WG member asked whether ICANN should bring Providers into contractual relationship in order to enforce the URS Rules & Procedures. Another member said it probably need to be ICANN’s legal department to enforce the rules & procedure. URS Providers have MoU with ICANN. Whether it is ICANN’s compliance department or legal department to enforce the rules & procedures, it should not be controversial that Providers must abide by them. An MOU could be legally enforceable, depending on the circumstances. 500-word Complaint limit (page 4-5) On 500-word Complaint Limit - Practitioners' survey results were split (out of 12, 5 agree it's sufficient, 4 disagree); results included feedback from some that the word limit was too low: "arbitrary and often insufficient" and "should be slightly increased". One member said he understands and generally agrees with the decision not to suggest an expansion of the word limit, he wonders if there aren't situations (multi- domain challenges, etc.) where a Complainant or Respondent might be given the opportunity to request an expansion. This point can be captured for decisional phase. Another member suggested that perhaps providers can provide stats on the average word length of complaints, to see how close to the 500 words they are at present. (i.e. a table of distributions, e.g. 10% under 200 words, 20% between 201 and 300, etc.) Amending the Complaint in light of GDPR/Temp Spec (page 5-6) One member believes that 2-3 days might not be a good rule (e.g. weekends, time to research, etc.). Maybe 5 business days. WIPO’s approach to “doe complaints” has been very helpful and provides some comfort that the lack of true registrant/registrant organization data masked due to GDPR will not result in a deficient complaint for an omitted respondent. ACTION ITEM: Brian Beckham to send to the WG a WIPO FAQ with regard to “Doe Complaint”. Forum is asking for amendment of the complaint in UDRP - under the rules that's not allowed in URS. SMD Files (page 6-7) SMD files are used for limited purpose of demonstrating the use. Recollection is that SMD files would be passed to the Examiners and relay the critical information related to the TM registration. That's why some people are surprised by the limited info SMD files would provide. The SMD files contain some basic human-readable information, with the rest of the information coded. For example, the trademark itself is human-readable but the applicable Nice classification is coded. A SMD file is used by registries/registrars for validation, and as Greg noted, to demonstrate use. From the TMCH provider: http://www.trademark-clearinghouse.com/help/faq/which-information-does-smd-… [trademark-clearinghouse.com] If the intent of the STI was that the SMD file would be a file summary, that got lost somewhere along the way, way before the SMD file was designed by the TMCH providers. Rules 3(b)(v) Specify the trademark(s) or service mark(s) on which the complaint is based and the goods or services with which the mark is used including evidence of use –which can be a declaration and a specimen of current use in commerce - submitted directly or by including a relevant SMD (Signed Mark Data) from the Trademark Clearinghouse It might be useful to look at the spec that they relied on. But the real question is how should the examiner get the relevant data about the Complainant’s mark. The SMD file is probably not the answer, if it was ever intended to be. the Examiner is not required to second-guess the SMD file. Its existence is sufficient that the mark has had use validated by the TMCH. Other Topics (page 7-8) These are policy proposals can be brought up when WG members are proposing changes to the URS policy itself. Charter asks us to address the question whether the URS should become a consensus policy applicable to legacy domains. Charter is not specific regarding whether such discussion should occur in phase I or phase II. This feedback illustrates that the ST didn't get to propose policy changes, it is for the WG to discuss and propose changes. when we reference the STI and IRT reports, we need to keep in mind they only had about 1-2 months to complete their work and produce a report; they were not standard PDP working groups and had limited charters and mandates, which were set by the Board This is feedback from one Provider, who may want to grow their business. Practitioners survey are from Complaints' side. Need to have a balanced solution when considering the input. There were plenty of practitioners that represent registrants in the Subgroup, although their experience was largely with the UDRP. Duration of response period (Page 11) One member believes that if the URS continues in its current form, it would affect valuable domain names. The ones the registrants that do want to defend them, 14 days are not sufficient. 20 days may be more appropriate. It should be based on the age of the domain name. If a domain is 3 months, it will have a shorter period to respond. If you own a domain name for 5-10 years, response period would be longer so less urgency. Several other WG members disagree. The URS is supposed to be an expedited proceeding so increasing the length of time of a streamlined proceeding defeats the purpose. At most, there could be an additional 3 or 4 days extension period for cause. The point is that there are enough circumstances that give rise to the URS 'quick response' that we should NOT make assumptions into policy. It is an assumption that an "aged" domain would not require a fast response. In Mexico, we have not been able to file a domain name case due to Courts ignorance about the subject and also, because it could take years to be solved. We're spinning out fo control - extending the time to respond to URS cases just because a domain registration is not new defeats the purpose of fast action to take down an infringing domain once it's discovered. The URS is meant to address clear and convincing cases of infringement. A person registers a domain name for less than $50 and brand owner find out about at some point and then files an injunction in court for tens of thousands of dollars. Where is the balance. Examiners Guide (page 13) The WIPO guidance for examiners took 1500 hours to develop. The WIPO guidance is relevant to the URS, the elements are shown are the same and the differences include the burden of proof, word limit, etc. A lot of WIPO guidance goes to the shade of grey issues. URS is for clear black/white cases, so if there is a URS guidance it would likely be abbreviated. Duration of Suspension Period & Review of Implementation (page 21-23) One WG member suggests to find out how much cost for registries & registrars to comply with the URS rules and procedures. Need to get data/feedback from the registries/registrars. Other WG members are not sure "cost of implementation of URS" for Registries/Registrars is relevant to effectiveness of URS. We don't need to do a cost/benefit analysis (the costs & benefits aren't ICANN's), the providers, registrars, registries need to be asked if they are overburdened by the costs of compliance. There is an action item to contact the registries/registrars about these issues. Timing TBD due to Sunrise & Claims survey launch. Other topics (page 23-24) One WG member thinks the HSTS issue is not difficult to fix. The Providers need to improve their technical applicability to resolve the issue. Renee Fossen from Forum disagrees. ACTION ITEM: Renee Fossen to provide more information on HSTS-preloaded domain suspension issues in the written responses. NEXT STEPS ACTION ITEM: Staff to recirculate the Super Consolidated URS Topics Table document and ask all WG members to provide substantive comment and raise anything they believe is missing on the WG mailing list by COB Tue, 14 Aug. Co-Chairs will then discuss among themselves to determine further actions/process. ACTION ITEM: WG to finish reviewing the rest of the Super Consolidated URS Topics Table document, including page 24-35. Later period to discuss larger policy issues.

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GNSO SOI / RPMs Member Wiki updates
by Julie Bisland Aug. 13, 2018

Aug. 13, 2018

Dear all, In an effort to ensure accuracy, please take a moment to check your GNSO SOI and make any needed updates. In addition, would all members and observers kindly visit the WG Members wiki page: https://community.icann.org/x/3iWAAw and verify your affiliation is correctly displayed. For any updates to the member wiki page or if assistance is needed with your GNSO SOI, please email gnso-secs(a)icann.org<mailto:gnso-secs@icann.org>. Much thanks to you all, GNSO SO/AC Support Julie Bisland Secretariat Operations Coordinator for the GNSO Internet Corporation for Assigned Names and Numbers (ICANN) Email: julie.bisland(a)icann.org<mailto:julie.bisland@icann.org> Skype ID: 79613b691cb8a6c1 Find out more about the GNSO by visiting the GNSO Newcomer pages [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_sites_g…>

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Draft Agenda: RPM PDP Working Group Meeting 15 August at 1700 UTC
by Julie Hedlund Aug. 13, 2018

Aug. 13, 2018

Dear RPM PDP Working Group members, On behalf of the Co-Chairs and in preparation for the Working Group meeting on Wednesday, 15 August at 1700 UTC for 90 minutes, please see the draft agenda below. As noted in the draft agenda, the intent of the meeting is to continue reviewing the document developed by the URS Sub Team leaders and the Working Group Co-Chairs with staff: The “Super Consolidated URS Topics Table – with Findings, Issues, and Suggestions from all Three URS Sub Teams for Working Group Discussion.” See attached. As a reminder, this document synthesizes the three Sub Team’s preliminary findings/issues, proposed suggestions, and data sources. It is organized according to the URS review topics in the initial Consolidated URS Topics Table. The Working Group Co-Chairs hope that this document will facilitate Working Group discussions concerning similar or complementary URS findings/suggestions as well as differences, including whether, and what scope/type of, guidance should be developed to improve the URS, and also open questions on which community feedback should be specifically sought. Please note that neither is the Working Group bound to take the proposed suggestions, nor do the proposed suggestions restrict the scope of what the Working Group will consider as it prepares the draft Initial Report. Draft Agenda: Review Agenda/Statements of Interest Continue reviewing the “Super Consolidated URS Topics Table – with Findings, Issues, and Suggestions from all Three URS Sub Teams for Working Group Discussion” and Discussion Any Other Business Best, Mary, Ariel, Berry, and Julie On behalf of the RPM PDP Working Group Co-Chairs

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Recordings, attendance & AC chat from Review of all Rights Protection Mechanisms (RPMs) PDP Working Group call on Wednesday, 08 August 2018 at 17:00 UTC
by Julie Bisland Aug. 9, 2018

Aug. 9, 2018

Dear all, Please find the attendance and AC Chat attached to this email, and the MP3 & AC recording below for the Review of all Rights Protection Mechanisms (RPMs) PDP Working Group call held Wednesday, 08 August 2018 at 17:00 UTC. Attendance and recording of the call is also posted on agenda wiki page: https://community.icann.org/x/uwNpBQ [community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…> MP3: https://audio.icann.org/gnso/gnso-pdp-rpms-wg-08aug18-en.mp3 AC Recording: https://participate.icann.org/p247moa58ng/ The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar [gnso.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__gnso.icann.org_en_grou…> ** Please let me know if your name has been left off the list ** Mailing list archives: http://mm.icann.org/pipermail/gnso-rpm-wg/ Main wiki page for the working group: https://community.icann.org/x/wCWAAw [community.icann.org]<https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_…> Thank you. Kind Regards, Michelle DeSmyter

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ACTIONS/FOR REVIEW: Super Consolidated URS Topics Table by 14 August
by Julie Hedlund Aug. 8, 2018

Aug. 8, 2018

Dear all, Per the action items from the notes below, staff is recirculating the Super Consolidated URS Topics Table (attached). WG members are requested to provide substantive comment and raise anything they believe is missing on the WG mailing list by COB Tuesday, 14 Aug. In addition, WG members are requested to finish reviewing the rest of the Super Consolidated URS Topics Table document, including page 24-35, which will be discussed during next week’s call. Best, Mary, Ariel, Berry, and Julie From: gnso-rpm-wg <gnso-rpm-wg-bounces(a)icann.org> on behalf of Ariel Liang <ariel.liang(a)icann.org> Date: Wednesday, August 8, 2018 at 3:57 PM To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [gnso-rpm-wg] ACTIONS & NOTES: RPM PDP WG 08 August 2018 Dear All, Please see below the action items and notes captured by staff from the RPM PDP WG call held on 08 August 2018 (17:00-18:30 UTC). Staff have posted to the wiki space the action items and notes. Please note that these will be high-level notes and are not meant as a substitute for the recording. The recording, AC chat, and attendance records are posted on the wiki at: https://community.icann.org/x/uwNpBQ [community.icann.org] Best Regards, Ariel Ariel Xinyue Liang GNSO Policy Support Specialist Internet Corporation for Assigned Names and Numbers (ICANN) == ACTION ITEMS: Brian Beckham to send to the WG a WIPO FAQ with regard to “Doe Complaint”. Renee Fossen to provide more information on HSTS-preloaded domain suspension issues in the written responses. Staff to recirculate the Super Consolidated URS Topics Table document WG members to provide substantive comment and raise anything they believe is missing on the WG mailing list by COB Tue, 14 Aug. Co-Chairs will then discuss among themselves to determine further actions/process. WG members to finish reviewing the rest of the Super Consolidated URS Topics Table document, including page 24-35, during next week’s call. Later period to discuss larger policy issues. NOTES: Review Agenda/Statements of Interest George Kirikos has become a member of the At-Large Community: https://community.icann.org/display/gnsosoi/George+Kirikos+SOI [community.icann.org] General Comment on the Super Consolidated URS Topics Table Document The topics in the table were developed by the WG members and deliberated on by the WG & URS Sub Teams. Each Sub Team then did very substantial work on data collection and reviewing what came back. While the actual Sub Team recommendations and suggestions captured in this document are what is intended the WG should discuss - to see if it wishes to develop policy or operational recommendations - discussion over what should be on the actual list of topics should not be reopened unless the WG agrees to do so. We encourage all WG members to review all the previous reports from each Sub Team, and all the documents they worked on. They are linked in this Super Consolidated document (page 2). The Super Consolidated document is a summary of findings and suggestions by the Sub Teams. The Table does not mean to limit/restrict recommendations from the WG members. If there is any issue overlapping with UDRP, can possibly be carried over to the phase II of the PDP. Is it possible to add additional topics to the Super Consolidated Table? One WG member said that access to the Courts, for example, is a topic he raised, which isn't in the table. Statute of Limitations, whether URS should apply to legacy gTLDs as a consensus policy, are just a few of the topics not in the table. He brought it up in November 2017 (see: https://mm.icann.org/pipermail/gnso-rpm-wg/2017-November/002585.html ) and it was reflected in a later document. That's a critical issue for registrants. if they don't have access to the courts to challenge a URS decision, then it's a huge denial of their rights. While the chart is not meant to foreclose further discussion, it is a good faith attempt at capturing the work of the sub teams. The purpose of today's, and likely the next few, calls was to make sure this was an accurate and comprehensive reflection of our discussions so far. That said, WG members should bear in mind that we are seeking consensus, so items which are unlikely to achieve that may not be appropriate to reflect as a recommendation, but could be included in public comments on the Initial Report. Also, before adding items to this chart, we will want to work with staff to see whether such topics was previously discussed, and if so, the level of agreement/consensus. In other words, it is not necessary final, but is equally an opportunity to reintroduce topics which have been discussed, but for which consensus is/was not possible. Could we create a list of "missing issues" -- a list of issues raised in this call (and calls to follow); we can evaluate the nature and weight of these ideas later. Regarding the Action Items highlighted in column 3 of the table, Providers ST will do a first pass of the responses from the Providers to the follow-up questions, and then discuss the issues that they identified and proposed suggestions with the full WG. Limited filing period (page 3) One WG member believes that there should be limitation for filing period to bring URS Complaints, so the domain registered many years ago would not be subject to unfair treatment. He said a registrant who owns a domain for 20 years, for example, shouldn't have to be concerned about a policy that can take their domain down with very short time period to respond. Other WG members said this was discussed, and did not achieve agreement. That would only even be an option if the trademark pre-dated. This is unlikely to be a situation in practice where a URS was brought because it would probably not be a "slam dunk" case after 20 years unless there had been a change of circumstances. On the issue of delay and laches - as reported by the Docs Sub Team, the data did not provide any basis for which a policy recommendation should be made. The Providers and Practitioners Sub Teams also did not uncover any specific issues that came to either practitioners' or providers' attention. Administrative Review (page 3-4) One WG member asked whether ICANN should bring Providers into contractual relationship in order to enforce the URS Rules & Procedures. Another member said it probably need to be ICANN’s legal department to enforce the rules & procedure. URS Providers have MoU with ICANN. Whether it is ICANN’s compliance department or legal department to enforce the rules & procedures, it should not be controversial that Providers must abide by them. An MOU could be legally enforceable, depending on the circumstances. 500-word Complaint limit (page 4-5) On 500-word Complaint Limit - Practitioners' survey results were split (out of 12, 5 agree it's sufficient, 4 disagree); results included feedback from some that the word limit was too low: "arbitrary and often insufficient" and "should be slightly increased". One member said he understands and generally agrees with the decision not to suggest an expansion of the word limit, he wonders if there aren't situations (multi- domain challenges, etc.) where a Complainant or Respondent might be given the opportunity to request an expansion. This point can be captured for decisional phase. Another member suggested that perhaps providers can provide stats on the average word length of complaints, to see how close to the 500 words they are at present. (i.e. a table of distributions, e.g. 10% under 200 words, 20% between 201 and 300, etc.) Amending the Complaint in light of GDPR/Temp Spec (page 5-6) One member believes that 2-3 days might not be a good rule (e.g. weekends, time to research, etc.). Maybe 5 business days. WIPO’s approach to “doe complaints” has been very helpful and provides some comfort that the lack of true registrant/registrant organization data masked due to GDPR will not result in a deficient complaint for an omitted respondent. ACTION ITEM: Brian Beckham to send to the WG a WIPO FAQ with regard to “Doe Complaint”. Forum is asking for amendment of the complaint in UDRP - under the rules that's not allowed in URS. SMD Files (page 6-7) SMD files are used for limited purpose of demonstrating the use. Recollection is that SMD files would be passed to the Examiners and relay the critical information related to the TM registration. That's why some people are surprised by the limited info SMD files would provide. The SMD files contain some basic human-readable information, with the rest of the information coded. For example, the trademark itself is human-readable but the applicable Nice classification is coded. A SMD file is used by registries/registrars for validation, and as Greg noted, to demonstrate use. From the TMCH provider: http://www.trademark-clearinghouse.com/help/faq/which-information-does-smd-… [trademark-clearinghouse.com] If the intent of the STI was that the SMD file would be a file summary, that got lost somewhere along the way, way before the SMD file was designed by the TMCH providers. Rules 3(b)(v) Specify the trademark(s) or service mark(s) on which the complaint is based and the goods or services with which the mark is used including evidence of use –which can be a declaration and a specimen of current use in commerce - submitted directly or by including a relevant SMD (Signed Mark Data) from the Trademark Clearinghouse It might be useful to look at the spec that they relied on. But the real question is how should the examiner get the relevant data about the Complainant’s mark. The SMD file is probably not the answer, if it was ever intended to be. the Examiner is not required to second-guess the SMD file. Its existence is sufficient that the mark has had use validated by the TMCH. Other Topics (page 7-8) These are policy proposals can be brought up when WG members are proposing changes to the URS policy itself. Charter asks us to address the question whether the URS should become a consensus policy applicable to legacy domains. Charter is not specific regarding whether such discussion should occur in phase I or phase II. This feedback illustrates that the ST didn't get to propose policy changes, it is for the WG to discuss and propose changes. when we reference the STI and IRT reports, we need to keep in mind they only had about 1-2 months to complete their work and produce a report; they were not standard PDP working groups and had limited charters and mandates, which were set by the Board This is feedback from one Provider, who may want to grow their business. Practitioners survey are from Complaints' side. Need to have a balanced solution when considering the input. There were plenty of practitioners that represent registrants in the Subgroup, although their experience was largely with the UDRP. Duration of response period (Page 11) One member believes that if the URS continues in its current form, it would affect valuable domain names. The ones the registrants that do want to defend them, 14 days are not sufficient. 20 days may be more appropriate. It should be based on the age of the domain name. If a domain is 3 months, it will have a shorter period to respond. If you own a domain name for 5-10 years, response period would be longer so less urgency. Several other WG members disagree. The URS is supposed to be an expedited proceeding so increasing the length of time of a streamlined proceeding defeats the purpose. At most, there could be an additional 3 or 4 days extension period for cause. The point is that there are enough circumstances that give rise to the URS 'quick response' that we should NOT make assumptions into policy. It is an assumption that an "aged" domain would not require a fast response. In Mexico, we have not been able to file a domain name case due to Courts ignorance about the subject and also, because it could take years to be solved. We're spinning out fo control - extending the time to respond to URS cases just because a domain registration is not new defeats the purpose of fast action to take down an infringing domain once it's discovered. The URS is meant to address clear and convincing cases of infringement. A person registers a domain name for less than $50 and brand owner find out about at some point and then files an injunction in court for tens of thousands of dollars. Where is the balance. Examiners Guide (page 13) The WIPO guidance for examiners took 1500 hours to develop. The WIPO guidance is relevant to the URS, the elements are shown are the same and the differences include the burden of proof, word limit, etc. A lot of WIPO guidance goes to the shade of grey issues. URS is for clear black/white cases, so if there is a URS guidance it would likely be abbreviated. Duration of Suspension Period & Review of Implementation (page 21-23) One WG member suggests to find out how much cost for registries & registrars to comply with the URS rules and procedures. Need to get data/feedback from the registries/registrars. Other WG members are not sure "cost of implementation of URS" for Registries/Registrars is relevant to effectiveness of URS. We don't need to do a cost/benefit analysis (the costs & benefits aren't ICANN's), the providers, registrars, registries need to be asked if they are overburdened by the costs of compliance. There is an action item to contact the registries/registrars about these issues. Timing TBD due to Sunrise & Claims survey launch. Other topics (page 23-24) One WG member thinks the HSTS issue is not difficult to fix. The Providers need to improve their technical applicability to resolve the issue. Renee Fossen from Forum disagrees. ACTION ITEM: Renee Fossen to provide more information on HSTS-preloaded domain suspension issues in the written responses. NEXT STEPS ACTION ITEM: Staff to recirculate the Super Consolidated URS Topics Table document and ask all WG members to provide substantive comment and raise anything they believe is missing on the WG mailing list by COB Tue, 14 Aug. Co-Chairs will then discuss among themselves to determine further actions/process. ACTION ITEM: WG to finish reviewing the rest of the Super Consolidated URS Topics Table document, including page 24-35. Later period to discuss larger policy issues.

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Super Consolidated URS Topics Table re: Draft Agenda: RPM PDP Working Group Meeting 08 August at 1700 UTC
by Julie Hedlund Aug. 7, 2018

Aug. 7, 2018

Dear RPM PDP Working Group members, Further to the message below, on behalf of the WG Co-Chairs and the URS Sub Team Leaders please see the attached document -- “Super Consolidated URS Topics Table – with Findings, Issues, and Suggestions from all Three URS Sub Teams for Working Group Discussion” – in preparation for tomorrow’s WG meeting. Best, Mary, Ariel, Berry, and Julie From: gnso-rpm-wg <gnso-rpm-wg-bounces(a)icann.org> on behalf of Julie Hedlund <julie.hedlund(a)icann.org> Date: Tuesday, August 7, 2018 at 3:48 PM To: "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [gnso-rpm-wg] Draft Agenda: RPM PDP Working Group Meeting 08 August at 1700 UTC Dear RPM PDP Working Group members, On behalf of the Co-Chairs and in preparation for the Working Group meeting tomorrow, Wednesday, 08 August at 1700 UTC for 90 minutes, please see the draft agenda below. As noted in the draft agenda, the intent of the meeting is to introduce to the Working Group a document developed by the URS Sub Team leaders and the Working Group Co-Chairs with staff: The “Consolidated URS Topics Table – with Findings, Issues, and Suggestions from all Three URS Sub Teams for Working Group Discussion.” The Co-Chairs currently are finalizing the document and will send it to the Working Group later today. The document that is forthcoming synthesizes the three Sub Team’s preliminary findings/issues, proposed suggestions, and data sources. It is organized according to the URS review topics in the initial Consolidated URS Topics Table. The Working Group Co-Chairs hope that this document will facilitate Working Group discussions concerning similar or complementary URS findings/suggestions as well as differences, including whether, and what scope/type of, guidance should be developed to improve the URS, and also open questions on which community feedback should be specifically sought. Please note that neither is the Working Group bound to take the proposed suggestions, nor do the proposed suggestions restrict the scope of what the Working Group will consider as it prepares the draft Initial Report. Draft Agenda: Review Agenda/Statements of Interest Introduction to the “Consolidated URS Topics Table – with Findings, Issues, and Suggestions from all Three URS Sub Teams for Working Group Discussion” and Discussion Any Other Business Please look for the document for your review later today and we look forward to tomorrow’s meeting. Best, Mary, Ariel, Berry, and Julie On behalf of the RPM PDP Working Group Co-Chairs

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Draft Agenda: RPM PDP Working Group Meeting 08 August at 1700 UTC
by Julie Hedlund Aug. 7, 2018

Aug. 7, 2018

Dear RPM PDP Working Group members, On behalf of the Co-Chairs and in preparation for the Working Group meeting tomorrow, Wednesday, 08 August at 1700 UTC for 90 minutes, please see the draft agenda below. As noted in the draft agenda, the intent of the meeting is to introduce to the Working Group a document developed by the URS Sub Team leaders and the Working Group Co-Chairs with staff: The “Consolidated URS Topics Table – with Findings, Issues, and Suggestions from all Three URS Sub Teams for Working Group Discussion.” The Co-Chairs currently are finalizing the document and will send it to the Working Group later today. The document that is forthcoming synthesizes the three Sub Team’s preliminary findings/issues, proposed suggestions, and data sources. It is organized according to the URS review topics in the initial Consolidated URS Topics Table. The Working Group Co-Chairs hope that this document will facilitate Working Group discussions concerning similar or complementary URS findings/suggestions as well as differences, including whether, and what scope/type of, guidance should be developed to improve the URS, and also open questions on which community feedback should be specifically sought. Please note that neither is the Working Group bound to take the proposed suggestions, nor do the proposed suggestions restrict the scope of what the Working Group will consider as it prepares the draft Initial Report. Draft Agenda: Review Agenda/Statements of Interest Introduction to the “Consolidated URS Topics Table – with Findings, Issues, and Suggestions from all Three URS Sub Teams for Working Group Discussion” and Discussion Any Other Business Please look for the document for your review later today and we look forward to tomorrow’s meeting. Best, Mary, Ariel, Berry, and Julie On behalf of the RPM PDP Working Group Co-Chairs

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Re: [gnso-rpm-wg] [Ext] RE: Call for Volunteer: Beta Testers for TMCH Sunrise & Trademark Claims Surveys
by Ariel Liang Aug. 7, 2018

Aug. 7, 2018

Hello Susan and all, Staff have confirmed with Analysis Group that the beta testers would not be excluded from filling out the surveys when they are officially launched. By COB today, we have a total of ten (10) volunteers for the beta testing. Brian King, David McAuley, Farzaneh Badii, Justine Chew, Mariia Parubets, Maxim Alzoba, Plamena Popova, Roxanne John, Scott Austin, and Zhou Heng -- Thank you for your time and help! We will check with Analysis Group and inform the beta testers about the logistics when AG is ready to proceed. Best Regards, Mary, Julie, Ariel, and Berry From: Susan Payne <susan.payne(a)valideus.com> Date: Monday, August 6, 2018 at 1:49 PM To: Ariel Liang <ariel.liang(a)icann.org>, "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [Ext] RE: Call for Volunteer: Beta Testers for TMCH Sunrise & Trademark Claims Surveys Hi Ariel, would you mind clarifying whether, having been a beta tester, someone would then be excluded from participating once the surveys roll-out properly? My assumption would be not, but I’m not sure we ever discussed this in the Data Sub team. As far as I can see there would be no reason why a beta tester could not later be a survey respondent, since they are not gaining any special advantage from seeing an early version of the survey, merely helping confirm whether it is understandable and user-friendly. Can you confirm? Regards Susan Susan Payne Head of Legal Policy | Valideus Ltd E: susan.payne(a)valideus.com<mailto:susan.payne@valideus.com> D: +44 20 7421 8255 T: +44 20 7421 8299 M: +44 7971 661175 From: gnso-rpm-wg [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Ariel Liang Sent: 01 August 2018 21:37 To: gnso-rpm-wg(a)icann.org Subject: [gnso-rpm-wg] Call for Volunteer: Beta Testers for TMCH Sunrise & Trademark Claims Surveys Dear RPM WG Members, Analysis Group is seeking volunteers to be the Beta Testers for the TMCH Sunrise & Trademark Claims surveys. The Beta Testing is expected to be held sometime next week (the week of 06 August). As mentioned during the RPM WG call today, Beta Testers are preferably the WG members who are not involved in developing the survey questions, and the ones who have a willingness to go through one or more surveys. Analysis Group advised that around 3-4 beta testers per survey is optimal. There will be a total of four surveys, each targeting registry operators, registrars, trademark/brand owners, or actual/potential registrants. No particular skills are required for a beta tester. Of course, if the volunteer has some familiarity with the target respondent for the survey, it would be very helpful. If you are willing to volunteer to be a beta tester, please email ariel.liang(a)icann.org<mailto:ariel.liang@icann.org> by COB Monday, 06 August. You are welcome to specify which survey(s) you are particularly interested in doing the beta testing for. We have noted that David McAuley would like to volunteer – thank you David! Thank you for in advance for your time and help! Best Regards, Mary, Julie, Ariel, and Berry

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Final TMCH Sunrise & Claims Surveys
by Ariel Liang Aug. 6, 2018

Aug. 6, 2018

Dear All, Staff are happy to report that the TMCH Sunrise & Trademark Claims surveys have been finalized by the Analysis Group (AG) and the Data Sub Team. Please find the clean copy of the surveys attached, targeting registry operators, registrars, trademark/brand owners, and actual/potential registrants. Since May when AG has become the selected vendor through the RFP process, they have closely collaborated and consulted with the Data Sub Team to develop and finalize the surveys based on the community-generated guidance in the Data Request Table<https://www.icann.org/en/system/files/files/rfp-rpm-sunrise-tm-claims-appen…>. The Data Sub Team held twelve meetings with AG. Its members – especially Kristine Dorrain, Susan Payne, Michael Graham, and Rebecca Tushnet who led the development of the guidance and original suggested survey questions – also spent countless hours offline in this effort. The finalized surveys reflect the careful consideration of all input/feedback received from the Data Sub Team, who vetted and reached agreement on these final survey questions. We greatly appreciate tremendous time and effort the Data Sub Team has put into this survey project. With respect to the timing and next steps: * AG is proceeding with the programming of the surveys and will hold the beta testing this week as scheduled. * After beta testing, AG plans to begin launching the surveys on Monday, 13 August and implement the survey distribution plan<https://community.icann.org/x/aQ9pBQ> vetted by the Data Sub Team. * AG plans to close the surveys around mid-September (they will monitor the response rate and advise the exact closing date). * AG aims to present initial survey results to the WG on 12 September. Finally, ten (10) RPM WG members have volunteered to be beta testers – thank you all very much for helping! The call for volunteers is open till COB today (6 August), and please email ariel.liang(a)icann.org<mailto:ariel.liang@icann.org> if you are interested. Best Regards, Mary, Julie, Ariel, and Berry

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Re: [gnso-rpm-wg] [Ext] RE: Call for Volunteer: Beta Testers for TMCH Sunrise & Trademark Claims Surveys
by Ariel Liang Aug. 6, 2018

Aug. 6, 2018

Hello Susan, We have reached out to Analysis Group to confirm. Staff also have the same understanding that beta testers should not be excluded from participating in the surveys once they are officially rolled out. We will let the WG know. Thank you, Mary, Julie, Ariel, Berry From: Susan Payne <susan.payne(a)valideus.com> Date: Monday, August 6, 2018 at 1:49 PM To: Ariel Liang <ariel.liang(a)icann.org>, "gnso-rpm-wg(a)icann.org" <gnso-rpm-wg(a)icann.org> Subject: [Ext] RE: Call for Volunteer: Beta Testers for TMCH Sunrise & Trademark Claims Surveys Hi Ariel, would you mind clarifying whether, having been a beta tester, someone would then be excluded from participating once the surveys roll-out properly? My assumption would be not, but I’m not sure we ever discussed this in the Data Sub team. As far as I can see there would be no reason why a beta tester could not later be a survey respondent, since they are not gaining any special advantage from seeing an early version of the survey, merely helping confirm whether it is understandable and user-friendly. Can you confirm? Regards Susan Susan Payne Head of Legal Policy | Valideus Ltd E: susan.payne(a)valideus.com<mailto:susan.payne@valideus.com> D: +44 20 7421 8255 T: +44 20 7421 8299 M: +44 7971 661175 From: gnso-rpm-wg [mailto:gnso-rpm-wg-bounces@icann.org] On Behalf Of Ariel Liang Sent: 01 August 2018 21:37 To: gnso-rpm-wg(a)icann.org Subject: [gnso-rpm-wg] Call for Volunteer: Beta Testers for TMCH Sunrise & Trademark Claims Surveys Dear RPM WG Members, Analysis Group is seeking volunteers to be the Beta Testers for the TMCH Sunrise & Trademark Claims surveys. The Beta Testing is expected to be held sometime next week (the week of 06 August). As mentioned during the RPM WG call today, Beta Testers are preferably the WG members who are not involved in developing the survey questions, and the ones who have a willingness to go through one or more surveys. Analysis Group advised that around 3-4 beta testers per survey is optimal. There will be a total of four surveys, each targeting registry operators, registrars, trademark/brand owners, or actual/potential registrants. No particular skills are required for a beta tester. Of course, if the volunteer has some familiarity with the target respondent for the survey, it would be very helpful. If you are willing to volunteer to be a beta tester, please email ariel.liang(a)icann.org<mailto:ariel.liang@icann.org> by COB Monday, 06 August. You are welcome to specify which survey(s) you are particularly interested in doing the beta testing for. We have noted that David McAuley would like to volunteer – thank you David! Thank you for in advance for your time and help! Best Regards, Mary, Julie, Ariel, and Berry

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