Dear IGO Curative Rights IRT,
I hope everyone enjoyed a productive ICANN84, whether attending in person or remotely.
During our IRT discussion in Dublin, we left off with a question on whether a URS or court determination is required before a registrant may elect
to utilize the new arbitral proceeding we are implementing pursuant to the
EPDP
curative rights recommendations. While this discussion arose in the context of the URS and URS Rules redlines under review by the IRT, the question also exists in
the draft updates to the UDRP and UDRP Rules.
The approach taken in both the UDRP and URS redlines shared with the IRT to-date is that a registrant may only pursue this new arbitral proceeding
after one of the following two triggering events: (a) the issuance of a UDRP or URS determination, or (b) a court decision declining to exercise jurisdiction over an IGO complainant.
ICANN org understands the view expressed by some IRT members in Dublin to be that this new arbitral proceeding should ideally be available to
the registrant at any point after a URS or UDRP complaint is filed. The discussion in Dublin appeared to surface a difference of approach between the URS and UDRP redlines shared with the IRT to-date and that expressed by at least a portion of IRT members.
Following ICANN84, we need to determine whether the IRT as a whole disagrees with ICANN org’s interpretation of the text of the recommendations
on this matter so that we can determine our path forward. To this end, we share attached a
written rationale for the staff interpretation to-date, and request the IRT’s written feedback on the following questions no later than
24 November. We understand that this is a short requested turnaround time, but are requesting your feedback by this date so that we can determine how to move forward expediently and minimize impacts to our implementation timeline. As you are aware,
full implementation of these policy recommendations is currently planned for Q2 2026 and serves as a dependency for the release of IGO acronyms currently withheld from registration, as well as the launch of a post-registration notification system for IGOs,
both scheduled for completion in Q3 2026.
Questions for IRT Members
We note that the IRT has been convened to assist staff in developing the implementation details for the policy to ensure that the implementation
conforms to the intent of the policy recommendations (see IRT
principles and guidelines). In the event of a disagreement between the IRT and staff regarding the proposed implementation approach, we will strive to resolve the
disagreement. If the disagreement cannot be reconciled, the GNSO Council liaison, in consultation with the IRT, is expected to make an assessment as to the level of consensus within the IRT on whether to raise the issue with the GNSO Council for consideration.
Next Steps
Due to the issue raised in Dublin, we believe it would be premature to proceed to public comment in November as envisioned in our work plan.
Please share your
thoughts on the questions above
on-list by
Monday, 24 November. Mindful of the upcoming US holiday
period, we have provisionally identified two dates for an IRT meeting, one in the week of 24 November, another in the week of 1 December - please complete the doodle poll
issued by Renate earlier
to indicate your availability. We will select the date most convenient for the group. We will also endeavour to schedule an additional meeting before the Christmas break
if needed.
As ever, happy to discuss.
Best,
Peter
(see attached,
Rationale for Approach Taken in Draft Redlines):
Google link:
https://docs.google.com/document/d/1CDkX-FNmNMncwVS6VBoKL2aDnKSmOrQ-SlTKVzptrZg/edit?tab=t.0
MS Word version – attached to email
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