Prohibition on Registrar Cybersquatting

ISSUE:    A.5

Prohibition on registrar cybersquatting              

Priority:
 

RAA Final Report (High Priority Item)

Issue/Request

RAA-DT:
1) Incorporate terms in the RAA that explicitly prohibit cybersquatting
2) Currently, the violation of RAA Section 3.7.2 entitled “applicable laws and government regulations” by registrars is a breach of the RAA.  Under section 5.3.4 a registrar has fifteen working days after ICANN gives notice of a breach to cure.  A violation of RAA Section 3.7.2 is the type of offense that should result in immediate termination of the RAA.  Therefore, insert in RAA Section 5.3.2 the right to immediately terminate the RAA when a registrar violates RAA Section 3.7.2 or the prohibition against cybersquatting.
3) Adopt a Registrar Code of Conduct (RAA 3.7.1) that incorporates provisions to achieve similar results.
4) Amend RAA to require Registrar to provide ICANN with list of pending litigation or claims alleging cybersquatting.
5) Termination of accreditation

Source: 
RAA-DT Final Report

Notes

Additional information regarding requests: N/A

Source: 

Discussion Points

Description

Date Discussed

The negotiating teams discussed (i) the definition of cybersquatting; and (ii) possible evidentiary standards to be used in connection with a specific RAA  prohibition against cybersquatting.

Discussion of number of instances of cybersquatting to trigger termination.

ICANN to provide additional information related to the RAA-DT rationale for this request.

Discussion on limiting  to situations where registrars/affiliates are registrants.

Concerns regarding termination triggered by one arbitration decision; Discussion of trigger based on pattern of cybersquatting.

2 Dec 2011


20 Dec 2011

20 Dec 2011 

17 Jan 2012

17 Feb 2012

Proposed Text

Open

Status/Outcome

Under Discussion

Explanation

Open

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