IE Domain Registry Annual Report 2019

IE Domain Registry  Annual Report & Review  2019 17 Corporate Governance Policy Changes – 2019 milestones A very significant policy change was implemented and completed in July 2019, with the launch of the Alternative Dispute Resolution Policy (ADRP). In addition, a substantial body of research and discussion was undertaken on the question of handling illegality on websites with .ie domain names and technical abuse using the .ie namespace. The objective was to assess if a policy response is needed to address cases of serious abuse (via a deterministic process), and to establish if there are instances where .ie domains should be (proactively) suspended by the registry. This work will continue in 2020. Fair play and a fair hearing – introducing an Alternative Dispute Resolution Policy (ADRP) The new alternative dispute resolution process was formally launched in July 2019, following a stakeholder consultation process and an extended phase of engagement with the Registrar channel regarding operational, training and legal matters required to support the process. This included awareness-building and creating promotional material. The mechanics of the ADRP was designed, developed and refined during a PDP by stakeholders in the Policy Advisory Committee. The ADRP will give individuals and organisations, particularly SMEs, an easier, faster and more affordable way to dispute the registration or the use of a .ie domain. The process will accommodate a wide variety of dispute types, including online impersonation, domain disputes between competing businesses, website content-scraping, defamation, rights-based complaints, and others. Those who wish to use the ADRP will be initially encouraged to use the new optional mediation service. If mediation fails to resolve the matter, a qualified specialist will give their opinion on the dispute and either uphold or dismiss the complaint. The three alternative processes available under the ADRP are illustrated in the graphic below. If the complaint is upheld, the complainant can then request that the disputed domain is either transferred or deleted. Because .ie registrants will have already met the criteria for a .ie domain (namely, a provable connection to Ireland and agreement to the terms of service), the burden of proof will be on the complainant. The complainant, like the registrant, must also have a provable connection to Ireland. The new process will be operated by Net Neutrals EU, an accredited dispute resolution body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015. Net Neutrals EU was selected by the Policy Advisory Committee following a competitive evaluation process. The ADRP has been built on several core principles: fair play and a fair hearing, the use of industry best practice, an appeal process, and an independent, neutral service provider. It is important that Irish citizens, businesses and organisations have access to a dispute resolution process that is transparent, affordable and straightforward. Ultimately, however, it is expected that the number of complaints will be low, as registrants will have already met the criteria for .ie domain registration. As the burden of proof will be on the complainant, this will help to reduce the number of spurious or malicious claims. Brand owners and holders of intellectual property rights will also be able to continue using the existing, formal dispute resolution process, which is independently operated by the World Intellectual Property Organisation (WIPO). If a DECISION is requested, the Specialist will decide to transfer or delete the registration or take no action If an OPINION is requested, the Specialist will provide an opinion on the dispute If MEDIATION is requested, the Mediator will help the Parties resolve the dispute Fair play and a fair hearing Alternative Dispute Resolution Process – launched in July 2019