Dispute Resolution Process Submission

From:		Richard Shearer on behalf of FreeParking
Received:	17 February 2005


FreeParking as a registrar in the .nz domain space strongly support the 
adoption of a dispute resolution policy and service. 

While some submitters have commented this is a "solution looking for a 
problem" we can demonstrate it is exactly the opposite, and is sorely 
needed. Dealing with domain name disputes is a weekly task at FreeParking 
and I would imagine many other .nz registrars. It is time consuming as 
some research and understanding of each case is required before even any 
simple advice can be offered. 

The option to maintain the status quo is not acceptable, and is in fact 
irresponsible, as some in the domain name industry use the lack of any 
resolution service, and their knowledge that the only real option in many 
cases is expensive high court action as their modus operandi. Ie, they know 
how expensive and difficult it will be for a complainant to take a case, so 
they flout the registration policies deliberately. 

We must also add that lawyers also add to the problem in the present 
environment as 1) many do not understand how the domain name system 
operates, and the relationship of registry, registrar and registrant, 
and 2) that once a registrar responds to an enquiry from a lawyer, the 
lawyer will harass the registrar endlessly because they are the only party 
who bothers responding! 

Another factor in support of a dispute resolution service being implemented, 
is that many domain name disputes are actually very simple, and can easily 
be sorted out once parties understand the framework. The lack of a consistent 
framework however only adds to the confusion and cost of resolving such 
disputes. 

FreeParking strongly support the option 1 proposal, ie based on UK Nominet 
process. 

Primarily this is because it can be adopted to best meet NZ conditions, and 
also allows levels of scalability. From our experience, we believe many 
disputes could be fixed up in the initial mediation phase. 

We have no comments to the actual process outlined in option 1 at this stage, 
but assume there would be further consultation if it is decided to proceed 
with developing this option. Eg to determine costs and details of the process 
and management. 

As the .nz name space grows and becomes more entwined with business and 
society, a reliable, consistent and cost effective framework to resolve 
disputes is needed to foster confidence n the Internet and its capabilities. 


Regards 
Richard Shearer