From: "Shapiro, Ted" 
Subject: RE: [council] June 25th agenda
Date: Thu, 24 Jun 1999 11:50:14 +0200

The issue has progressed somewhat as I sent this message earlier today:

"As I mentioned in my earlier e-mail the proposed resolution is being placed
on the table for discussion at the Names Council this Friday.   After some
informal discussions with NSI we believe that some portions of the
resolution may be incorrect.  As we understand the situation, once a party
has invoked the NSI dispute resolution procedure the name is "locked" and
unusable until the completion of the dispute resolution proceedings.  Once
completed the name is either retained by the original registrant or the
successful complainant is provided a seven-day window to register the
offending name. 

With this more complete understanding of the NSI system and the informal
agreement among the test-bed registrars to not transfer domain names subject
to a dispute resolution proceeding, the General Assembly may want to
consider a simple consensus resolution on this issue.  

The resolution could read:	

Once a registrar's dispute policy has been properly invoked, the second
level domain name registration record shall be locked by the registrar
involved and no transfer of the domain name shall be permitted by that
registrar to another registrar until the dispute is properly resolved."

However, the original resolution (attached in html) may be still be
important for discussion purposes. 

Best regards, TED




Whereas, the new test-bed registrars are now (or will soon be) able to register domain names in the .com, .net and .org generic Top Level Domain spaces; and,

Whereas, ICANN has accredited an additional 30 registrars that will soon be registering domain names in the .com, .net and .org gTLDs; and,

Whereas, since Network Solutions Inc. (NSI) has a dispute resolution policy that has settled thousands of disputes concerning domain name conflicts over the last five years by its dispute resolution policy and proceedings; and,

Whereas, entities which have successfully invoked the NSI dispute resolution policy and succeeded in having the offending domain name removed from the original registrant; and,

Whereas, the successful entity is not thereafter required to register the offending domain name, these names should thus be placed within an "locked" list by NSI; and,

Whereas, this represents a significant body of resolved disputes, these disputes should not be reopened once new registrars come on-line; and,

Whereas, potential registrants should not be able to attempt to register these excluded names again with a new registrar; and,

Whereas, each new registrarís dispute resolution policy and proceedings should be protected against forum shopping; and,

Whereas, urgent action is required to prohibit explicitly any attempts to register domain names subject to any past, current or future dispute resolution proceedings,

The Names Council hereby recommends pursuant to ICANN/DNSO bylaw ___, that the ICANN Interim Board approve by special resolution within 10 days the following:

  1. All domain names in the NSI exclusion list shall not be subject to registration by any new or current gTLD registrar;
  2. All existing domain names subject to an on-going NSI or new gTLD registrarsí dispute resolution proceedings shall not be subject to registration by any new registrar or transfer thereto; and,
  3. Any future domain names subject to any registrarís dispute resolution proceeding shall not be allowed to be registered or transferred to any other gTLD registrar, until such dispute resolution proceeding is completed.