[nc-deletes] UDRP/deletion proposal
As promised, here is my draft of a policy for deletions in the event that a
UDRP challenge is underway. I'm sure some of the lawyers on the task force
may have better ideas about drafting this than what I've managed (I'm just a
techie after all), but hopefully the ideas come across. Your comments would
1. In the event that a name under UDRP dispute is to expire, the sponsoring
registrar must notify the challenger of such expiration at least thirty days
prior to the name's deletion.
2. In such an event, the challenger will have the option to pay for a one
year renewal at the domain's renewal at the registrar's current prevailing
rate for renewals.
3. The original registrant will have up to the relevant registry's renewal
grace period PLUS thirty days (which matches the redemption grace period) to
pay for a renewal of the domain name, regardless of whether or not the
challenger has paid for the domain's renewal.
3a. In the event that both the registrant and the challenger pay for the
renewal, the name will be renewed on behalf of the original registrant in
accordance with the registrar's usual policy, and any fee paid by the
challenger will be refunded. The order in which the payments are received
shall not effect this provision.
4. In the event that only the challenger pays for the renewal of the domain
name, beginning no later than the duration of the relevant registry's
renewal grace period after the domain's expiration, the registar will:
4a. Place the name on REGISTRAR HOLD, with the result that the name will no
longer resolve in the DNS.
4b. Modify the Whois entry for the domain name to indicate that the name is
the subject to a UDRP dispute, and to remove all specific ownership
information for the Whois record.
4c. If the challenge is terminated prior to a verdict being rendered, but
after the domain reaches this state, the domain will be deleted.
5. In the event that the verdict of the UDRP challenge is that the domain is
to be transferred to the challenger, the registrar shall transfer the name
in accordance with its regular process for such situations.
6. Notwithstanding #3 above, if the verdict of the UDRP challenge is that
the domain is to be deleted, the registrar shall delete the name in
accordance with the usual UDRP process.
7. In the event that the verdict of the UDRP challenge is that the existing
registration be sustained, AND the relevant registry's renewal grace period
has expired, the domain name will be deleted.
7a. In the event that the verdict of the UDRP challenge is that the existing
registration be sustained, and the renewal grace period has not expired, the
domain name will be subject to the registrar's usual renewal and deletion