December 2025 - Igo-ingo-curative-rights-irt

FW: Motion re: IRT on IGO-INGO Curative Rights
by Ashcraft, Damon Dec. 23, 2025

Dec. 23, 2025

All, Submitted to Council as promised. I have implemented some edits from Brian and Jeff. Thanks, Damon J. Damon Ashcraft , P.C. O: 602.382.6389<tel:602.382.6389> | M: 602.510.1640<tel:602.510.1640> dashcraft(a)swlaw.com<mailto:dashcraft@swlaw.com> SNELL & WILMER swlaw.com<https://us.content.exclaimer.net?url=https%3A%2F%2Fwww.swlaw.com%2F&tenanti…> | LinkedIn<https://us.content.exclaimer.net?url=https%3A%2F%2Fwww.linkedin.com%2Fcompa…> One East Washington Street | Suite 2700 | Phoenix, AZ 85004‑2556 Albuquerque | Boise | Dallas | Denver | Las Vegas | Los Angeles | Los Cabos | Orange County | Palo Alto | Phoenix | Portland | Reno-Tahoe | Salt Lake City | San Diego | Seattle | Tucson | Washington, D.C. This email and any attachments may be confidential and protected by legal privilege. If you have received this message in error, please do not disclose the contents to anyone. Please notify the sender by return email and delete this email as well as any attachments from your system. From: Ashcraft, Damon Sent: Friday, December 19, 2025 8:48 AM To: GNSO Council List <council(a)gnso.icann.org> Subject: Motion re: IRT on IGO-INGO Curative Rights Dear Fellow Councilors, As you may know, I am the Council liaison to the IRT on IGO-INGO Curative Rights project. One of the principal issues that this IRT is working on is how UDRPs are handled when the complainant is an IGO/IGNO. These organizations are not always subject to court jurisdiction so the other option for dispute resolution is an arbitration proceeding. Specifically, we are looking at the issue of when can parties exit a UDRP proceeding and proceed to arbitration. The Final Report could be interpreted in a manner that would limit when parties could proceed to arbitration but the IRT generally thinks the approach should be that parties can exit the UDRP at any time and proceed to arbitration if they so choose. This would make these UDRPs for IGO/IGNOs have the same provisions as regular UDPRs whereby parties can pretty much opt out at any time for another dispute resolution proceeding. The IRT has requested Council’s input on this issue and along those lines, I will be submitting a motion for a vote at our January meeting. A draft motion is attached along with a letter that explains this issue. On a personal level, I think the IRT is absolutely correct in their interpretation. It wouldn’t make sense to have UDRP and URS proceedings for NGO/INGOs have significantly different mechanisms to exit them for alternative dispute resolution proceedings. Finally, I want to reiterate that this is NOT an issue of ICANN staff and the IRT having a significant disagreement as to what the final report says. Rather, the IRT recognizes that this is a significant issue and we wanted Council to be aware of it and the provide guidance on the desired interpretation. Please see the attached and let me know if you have any questions. Thanks, Damon J. Damon Ashcraft , P.C. O: 602.382.6389<tel:602.382.6389> | M: 602.510.1640<tel:602.510.1640> dashcraft(a)swlaw.com<mailto:dashcraft@swlaw.com> SNELL & WILMER swlaw.com<https://us.content.exclaimer.net?url=https%3A%2F%2Fwww.swlaw.com%2F&tenanti…> | LinkedIn<https://us.content.exclaimer.net?url=https%3A%2F%2Fwww.linkedin.com%2Fcompa…> One East Washington Street | Suite 2700 | Phoenix, AZ 85004‑2556 Albuquerque | Boise | Dallas | Denver | Las Vegas | Los Angeles | Los Cabos | Orange County | Palo Alto | Phoenix | Portland | Reno-Tahoe | Salt Lake City | San Diego | Seattle | Tucson | Washington, D.C. This email and any attachments may be confidential and protected by legal privilege. If you have received this message in error, please do not disclose the contents to anyone. Please notify the sender by return email and delete this email as well as any attachments from your system.

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Letter to Council Requesting Input and Vote
by Ashcraft, Damon Dec. 19, 2025

Dec. 19, 2025

All: I hope you are all having a wonderful holiday season. As you know from our recent calls an issue of clarification has come up with respect to UDRP and arbitration and specifically when is and can the UDRP be terminated upon the initiation of arbitration. ICANN staff, Chris, and myself met recently and we think that the intent of the PDP was to have initiation of arbitration terminate any applicable UDRP proceeding and not have limited “off ramps” so to speak to terminate a UDRP. We felt it best to get Council’s input on this and accordingly, I’m going to send the attached letter to Council tomorrow morning (Phoenix time) and I’ll be adding a motion to the Council agenda confirming this for the January meeting. I just wanted to give you a heads up that this letter is going out and that a motion will be before Council. Please let me know if you have any questions. Thanks, Damon J. Damon Ashcraft , P.C. O: 602.382.6389<tel:602.382.6389> | M: 602.510.1640<tel:602.510.1640> dashcraft(a)swlaw.com<mailto:dashcraft@swlaw.com> SNELL & WILMER swlaw.com<https://us.content.exclaimer.net?url=https%3A%2F%2Fwww.swlaw.com%2F&tenanti…> | LinkedIn<https://us.content.exclaimer.net?url=https%3A%2F%2Fwww.linkedin.com%2Fcompa…> One East Washington Street | Suite 2700 | Phoenix, AZ 85004‑2556 Albuquerque | Boise | Dallas | Denver | Las Vegas | Los Angeles | Los Cabos | Orange County | Palo Alto | Phoenix | Portland | Reno-Tahoe | Salt Lake City | San Diego | Seattle | Tucson | Washington, D.C. This email and any attachments may be confidential and protected by legal privilege. If you have received this message in error, please do not disclose the contents to anyone. Please notify the sender by return email and delete this email as well as any attachments from your system.

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ICANN IGO CURATIVE RIGHTS - Links to current redlines and request for written rationales
by Peter Eakin Dec. 4, 2025

Dec. 4, 2025

Dear IRT, As promised on our call, find below links to the documents discussed on call: Staff Rationale for Current Redline Approach: https://docs.google.com/document/d/1CDkX-FNmNMncwVS6VBoKL2aDnKSmOrQ-SlTKVzp… Current redlines: UDRP: https://docs.google.com/document/d/1OCUXfE4gn7-rPJDLLOz_FopVZfRwZl8zmct7VMg… UDRP RULES: https://docs.google.com/document/d/1xIsvV0VhWTOQtxu2aEQmQCUYuA5GrTtwemROWiz… URS: https://docs.google.com/document/d/1azc-wp3mBXF404vZsEfr1l6mYyWGo3udlkWjqkg… URS RULES: https://docs.google.com/document/d/128O8E2EpVg3Rqfe3qtmG1XEITLuoe5Z2Sndw74i… Thank you for a productive call. As requested on call, if possible can you please send a brief rationale on list explaining how the arbitration pre-determination (UDRP/URSP) could be implemented in line with current policy language, and/or the additions required to do so that would not involve re-opening the Final Report. This would be very helpful in understanding the IRTs collective position on this issue. Best wishes, Peter Peter Eakin Policy Research Specialist, Policy Research & Stakeholder Programs Internet Corporation for Assigned Names and Numbers (ICANN) Tel: + 32 493 547 913 Office: 6 Rond Point Schuman, Bt. 1, Brussels B-1040, Belgium

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REMINDER | IGO-INGO Curative Rights IRT Meeting #16 | 3 December 2025, 14:00-15:00 UTC
by Renate De Wulf Dec. 3, 2025

Dec. 3, 2025

Dear All, Meeting #16 of the IGO-INGO Curative Rights IRT will be held in one hour on 3 December 2025 at 14:00-15:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/4ybdrj2d__;!!PtGJab4!9h56UNC…>]. The final agenda will be posted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/AQA…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>, the ICANN Community Anti-Harassment Policy<https://www.icann.org/en/governance/documents/icann-community-anti-harassme…> and the ICANN Community Participant Code of Conduct<https://www.icann.org/en/system/files/files/adopted-icann-community-partici…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/98045783633?pwd=r1KFqiOWf27TryA5XkPPONZMui9j6s.1 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/98045783633?pwd=r1KFqiOW…> Meeting ID: 980 4578 3633 Passcode: B*1siuUn&R Zoom Audio only: One tap mobile +13017158592,,98045783633#,,,,*4650718506# US (Washington DC) +13126266799,,98045783633#,,,,*4650718506# US (Chicago) Meeting ID: 980 4578 3633 Passcode: 4650718506 Find your local number: https://icann.zoom.us/u/a7FNVvMGM [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/a7FNVvMGM__;!!PtGJab4!57…> Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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Post-call | IGO INGO Curative Rights IRT | Meeting #16 | 3 December 2025
by Renate De Wulf Dec. 3, 2025

Dec. 3, 2025

Dear All, The recordings for Meeting #16 of the IGO INGO Curative Rights IRT held on Wednesday, 3 December 2025 are published on the meeting wiki page<https://icann-community.atlassian.net/wiki/x/AQA8JQ>. These include: * Attendance * Audio recording * Zoom recording (including audio, visual, rough transcript, chat) Best regards, Renate

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Re: [Ext] Re: ICANN IGO CURATIVE RIGHTS - Links to current redlines and request for written rationales
by Peter Eakin Dec. 3, 2025

Dec. 3, 2025

Hi Chris, The first linked document (staff rationale) sets out the reasoning behind this interpretation of the Final Report. Best, Peter Sent from my iPhone On 3 Dec 2025, at 16:30, Chris Disspain <chris.disspain(a)identity.digital> wrote: Hi Peter, Thanks for this. As requested on call, if possible can you please send a brief rationale on list explaining how the arbitration pre-determination (UDRP/URSP) could be implemented in line with current policy language, and/or the additions required to do so that would not involve re-opening the Final Report. If I understand your position, you believe that it should not be possible to go to arbitration unless and until a UDRP decision has been made. Assuming I am correct It would help me enormously if you could call out the specific part of the docs listed below containing your rationale for that. Cheers, CD Chris Disspain +44 7880 642456 <AIorK4xWevLg7DM8FNJKXERnsV06zXuazaQVoJFTyAE5wjxp9tzIfz3Z3HM-Zvrkyy72U8Iwybs6ZGY.jpeg> On 3 Dec 2025, at 15:18, Peter Eakin via Igo-ingo-curative-rights-irt <igo-ingo-curative-rights-irt(a)icann.org> wrote: Dear IRT, As promised on our call, find below links to the documents discussed on call: Staff Rationale for Current Redline Approach: https://docs.google.com/document/d/1CDkX-FNmNMncwVS6VBoKL2aDnKSmOrQ-SlTKVzp… [docs.google.com]<https://urldefense.com/v3/__https://docs.google.com/document/d/1CDkX-FNmNMn…> Current redlines: UDRP: https://docs.google.com/document/d/1OCUXfE4gn7-rPJDLLOz_FopVZfRwZl8zmct7VMg… [docs.google.com]<https://urldefense.com/v3/__https://docs.google.com/document/d/1OCUXfE4gn7-…> UDRP RULES: https://docs.google.com/document/d/1xIsvV0VhWTOQtxu2aEQmQCUYuA5GrTtwemROWiz… [docs.google.com]<https://urldefense.com/v3/__https://docs.google.com/document/d/1xIsvV0VhWTO…> URS: https://docs.google.com/document/d/1azc-wp3mBXF404vZsEfr1l6mYyWGo3udlkWjqkg… [docs.google.com]<https://urldefense.com/v3/__https://docs.google.com/document/d/1azc-wp3mBXF…> URS RULES: https://docs.google.com/document/d/128O8E2EpVg3Rqfe3qtmG1XEITLuoe5Z2Sndw74i… [docs.google.com]<https://urldefense.com/v3/__https://docs.google.com/document/d/128O8E2EpVg3…> Thank you for a productive call. As requested on call, if possible can you please send a brief rationale on list explaining how the arbitration pre-determination (UDRP/URSP) could be implemented in line with current policy language, and/or the additions required to do so that would not involve re-opening the Final Report. This would be very helpful in understanding the IRTs collective position on this issue. Best wishes, Peter Peter Eakin Policy Research Specialist, Policy Research & Stakeholder Programs Internet Corporation for Assigned Names and Numbers (ICANN) Tel: + 32 493 547 913 Office: 6 Rond Point Schuman, Bt. 1, Brussels B-1040, Belgium _______________________________________________ Igo-ingo-curative-rights-irt mailing list -- igo-ingo-curative-rights-irt(a)icann.org<mailto:igo-ingo-curative-rights-irt@icann.org> To unsubscribe send an email to igo-ingo-curative-rights-irt-leave(a)icann.org<mailto:igo-ingo-curative-rights-irt-leave@icann.org>

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ICANN: IGO CURATIVE RIGHTS: Policy Guidance - Version 3
by Peter Eakin Dec. 3, 2025

Dec. 3, 2025

Dear IRT, I hope you’re all well. In advance of tomorrow’s meeting at 14:00 UTC (please contact Renate or me if you didn’t receive the invite), version 3 of the Policy Guidance document is now available for review at the link below (Word version also attached to this email): Policy Guidance V3: https://docs.google.com/document/d/1t_a1wJdBgEDtsixJXOOxFSXv9N4gJ9uzFWstZB1… Following feedback on version 2, the guidance has been simplified and slimmed down, recentered on IGOs and drafted in a more neutral fashion, to conform more closely with the original PDP recommendations. This approach was chosen to avoid engagement in ongoing community discussions on DNS Abuse, and the document should be read with this goal in mind. For reference, please see Version 2<https://docs.google.com/document/d/1LEkUDLCBXxugV0zJC7nSM4QiLC7OqaEd3vJ-Smi…>, redlined with comments and additions from the IRT. I attempted a redline comparison with V3 but the result was just too confusing to read, given the extent of the changes from the previous version. Reviewing V2 will also remind you of the IRT debates that informed this new approach. Tomorrow’s meeting is organized with the intent to clarify issues preventing the UDRP and URS updates issuing for public comment; as such, the agenda is wholly devoted to this goal. While we can discuss V3 of the guidance if we have time, comments are instead requested in written form, either in the guidance document or emailed to the IRT list, by COB Wednesday 10 December. Next steps will be decided based on the comments received – if none are forthcoming, we will assume the IRT is content for the document to issue for public comment in its current form, pending a final review. Please email me with any questions. Looking forward to speaking tomorrow, Peter Peter Eakin Policy Research Specialist, Policy Research & Stakeholder Programs Internet Corporation for Assigned Names and Numbers (ICANN) Tel: + 32 493 547 913 Office: 6 Rond Point Schuman, Bt. 1, Brussels B-1040, Belgium

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REMINDER | IGO-INGO Curative Rights IRT Meeting #16 | 3 December 2025, 14:00-15:00 UTC
by Renate De Wulf Dec. 2, 2025

Dec. 2, 2025

Dear All, Meeting #16 of the IGO-INGO Curative Rights IRT will be held on 3 December 2025 at 14:00-15:00 UTC [local time [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/4ybdrj2d__;!!PtGJab4!9h56UNC…>]. The final agenda will be posted here [icann-community.atlassian.net]<https://urldefense.com/v3/__https:/icann-community.atlassian.net/wiki/x/AQA…>. Before the meeting, please be sure you have read the ICANN Expected Standards of Behavior<https://www.icann.org/resources/pages/expected-standards-2016-06-28-en>, the ICANN Community Anti-Harassment Policy<https://www.icann.org/en/governance/documents/icann-community-anti-harassme…> and the ICANN Community Participant Code of Conduct<https://www.icann.org/en/system/files/files/adopted-icann-community-partici…>. We would like to remind participants that to ensure transparency of participation in ICANN's multistakeholder model, we ask that you sign in to Zoom sessions using your full name. For example, First Name and Last Name or Surname. You may be removed from the session if you do not sign in using your full name. Zoom information: Join the Zoom Webinar directly (recommended): https://icann.zoom.us/j/98045783633?pwd=r1KFqiOWf27TryA5XkPPONZMui9j6s.1 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/98045783633?pwd=r1KFqiOW…> Meeting ID: 980 4578 3633 Passcode: B*1siuUn&R Zoom Audio only: One tap mobile +13017158592,,98045783633#,,,,*4650718506# US (Washington DC) +13126266799,,98045783633#,,,,*4650718506# US (Chicago) Meeting ID: 980 4578 3633 Passcode: 4650718506 Find your local number: https://icann.zoom.us/u/a7FNVvMGM [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/a7FNVvMGM__;!!PtGJab4!57…> Should you be unable to attend the meeting, please let us know in advance. A recording will be made available. Please do not hesitate to contact us should you have any questions. Best regards, Renate

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