All, pls. find attached a 2 competing motions on the UDRP to be voted on the council meeting next week, one as separate attachment. Any comments are welcome! Kind regards Wolf-Ulrich ________________________________ Von: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] Im Auftrag von Neuman, Jeff Gesendet: Mittwoch, 9. November 2011 18:33 An: GNSO Council Betreff: [council] Competiting Proposed Motion on the UDRP PDP I know that Mary has submitted a motion on the UDRP, but I ask that this one be submitted and voted upon in the event that Mary's motion fails. I am not pre-supposing it will, but here is a motion just in case. This is in line with the discussions we all had in Dakar about delaying a PDP on the UDRP for 18 months after the first delegation, but still addressing the transfer issue now. There are some links that need to be inserted. Thanks. ++++++++++++++++++++++++++++++++++++++++ Whereas the Registration Abuse Policies Working Group submitted a final report the GNSO Council on 29 May 2010 (see http://gnso.icann.org/issues/rap/rap-wg-final-report-29may10-en.pdf), recommending an issue report on the current state of the UDRP considering both (a) How the UDRP has addressed the problem of cybersquatting to date, and any insufficiencies/inequalities associated with the process, and (b) Whether the definition of cybersquatting inherent within the existing UDRP language needs to be reviewed or updated, and Whereas, on February 3, 2011, the GNSO Council requested an Issues Report in accordance with the recommendations of the Registration Abuse Policies Working Group [LINK], and Whereas, a Preliminary Issue Report was published on 27 May 2011 [LINK] and series of webinars and workshops were held soliciting public comment to allow for the ICANN community to provide feedback on the analysis and recommendations contained therein, and Whereas, a Final Issue Report was published on 3 October 2011 [LINK] in which ICANN staff recommended the GNSO Council consider the "perspective of the majority of the ICANN community, and the advice of the Government Advisory Committee (GAC), and the At-Large Advisory Committee" and that "a PDP be delayed until after the New gTLD Uniform Rapid Suspension System (URS) has been in operation for at least eighteen months. . . [to] allow the policy process to be informed by data regarding the effectiveness of the URS, which was modeled on the UDRP, to address the problem of cybersquatting." RESOLVED, that the GNSO approved the initiation of a PDP and the establishment of a Working Group on recommendation #7 of the IRTP Part B Working Group concerning the requirement to lock a domain name subject to UDRP proceedings, which the GNSO Council at its meeting on 22 June 2011 received and agreed to consider when it takes up consideration of the Final Issue Report on the Current State of the UDRP. RESOLVED further, the GNSO Council requests a new a new Issue Report on the current state of all rights protection mechanisms implemented for both existing and new gTLDs, including but not limited to, the UDRP and URS, should be delivered to the GNSO Council by no later than eighteen (18) months following the delegation and launch of the first new gTLD. Jeffrey J. Neuman Neustar, Inc. / Vice President, Law & Policy 21575 Ridgetop Circle, Sterling, VA 20166 Office: +1.571.434.5772 Mobile: +1.202.549.5079 Fax: +1.703.738.7965 / jeff.neuman@neustar.biz <mailto:jeff.neuman@neustar.biz> / www.neustar.biz <http://www.neustar.biz/> ________________________________ The information contained in this e-mail message is intended only for the use of the recipient(s) named above and may contain confidential and/or privileged information. If you are not the intended recipient you have received this e-mail message in error and any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately and delete the original message.