In the new Guidebook issued by ICANN yesterday, (pdf) if you’re a domain holder that loses 3 or more UDRP (yes they are so fair and well grounded), you will be in the same class as Convicted Murderers, Rapists and child molesters.
Yes it would be a bad joke but its true.
Under the new ICANN guidebook (pages 1-17/1-19) if you lose 3 UDRP’s you’re disqualified from being a “major shareholder” of a new gTLD registry, or being a partner, officer, director, of a new gTLD registry.
It doesn’t matter how many domains you own.
The 3 strikes and your out rule applies to those that own 3 domains as well as those that own 3,000,000 domains.
3 is the magic number, and the number is 3. (I sound so Monty Python).
In the last version of the Guidebook they disqualified “serial cybersqautters” which at the time we opined could be domainers who lost as few as 2 UDRP.’s However now they have clarified this issue and put a number on it, and the number is 3.
However, the good news in the guidebook is for Terrorists, which were also disqualified in the previous Guidebook, but are now perfectly fine as pointed out by JihadWatch.org (yes its a real site and link).
Of course we have written over the years about horrible UDRP decisions, and those even reversed on appeal (This is a trick question since a UDRP cannot be reversed upon appeal, as there is no appeal from a UDRP).
Here is how the guidebook reads:
“Applicants with confirmed convictions of the types listed in (a) – (k) below will be automatically disqualified from the program.
Circumstances where ICANN may deny an otherwise qualified application include, but are not limited to instances where the applicant, or any individual named in the application, partner, officer, director, or manager, or any person or entity owning (or beneficially owning) fifteen percent or more of the applicant:
a. within the past ten years, has been convicted of a felony, or of a misdemeanor related to financial or corporate governance activities, or has been judged by a court to have committed fraud or breach of fiduciary duty, or has been the subject of a judicial determination that ICANN deemed as the substantive equivalent of any of these;
b. within the past ten years, has been disciplined by any government or industry regulatory body for conduct involving dishonesty or misuse of the funds of others;
c. within the past ten years has been convicted of any willful tax-related fraud or willful evasion of tax liabilities;
d. within the past ten years has been convicted of perjury, forswearing, failing to cooperate with a law enforcement investigation, or making false statements to a law enforcement agency or representative;
e. has ever been convicted of any crime involving the use of a weapon, force, or the threat of force;
f. has ever been convicted of any violent or sexual offense victimizing children, the elderly, or individuals with disabilities;
g. has been convicted of aiding, abetting, facilitating, enabling, conspiring to commit, or failing to report any of the listed crimes within the respective time frames specified above;
h. has entered a guilty plea as part of a plea agreement or has a court case in any jurisdiction with a disposition of Adjudicated Guilty or Adjudication Withheld (or regional equivalents) for any of the listed crimes within the respective time frames listed above;
j. fails to provide ICANN with the identifying information necessary to confirm identity at the time of application or to resolve questions of identity during the background screening process;
k. has been involved in of a pattern of decisions indicating that the applicant or individual named in the application was engaged in cybersquatting as defined in the UDRP, ACPA, or other equivalent legislation. Three or more such decisions with one occurring in the last four years will generally be considered to constitute a pattern.
So we are clear, those barred from ownership of a new gTLD, or being a partner, officer, director of a new gTLD registry are those convicted of such crimes as rape, murder, armed robberies and child molesting in the past 10 years or
those who lose 3 UDRP’s in their lifetime (1 in the last 4 years)
So if you knock off banks on or 7-11’s on a regular basis your are out.
If you stick gun in people’s faces and steal their property your out.
If you like Madoff steal hundreds of millions from widows, orphans, and charities your out.
You would still have to be charged with a crime, go to a trial and get convicted by a jury (or plead guilty) and you would only be disqualified for 10 years.
Lose 3 UDRP’s sometime in your life and your out for at least 4 years.
For example one might own a domain of a generic term like Haywood.com (a city in California) or smoothmove.com, who gets a brain dead panelist which gives the domain away based on a trademark registered somewhere in the world or even finds that the complainant has a “common law” trademark on a term no one has ever heard of, or comes up with some other illogical reason to hand over a domain.
Guess its that old saying
One bad UDRP decision shame on you.
Two bad UDRP decisions shame on them.
Three bad decisions (even if you file in federal court and win all the cases) in your lifetime, and you’re in the same boat as a convicted murderer, rapist or child molester.
Welcome to the extremely fair and balanced world of ICANN.
That’s just 3 pages of the 360 page document.
More to come.