The open comment period ends Feb. 16, and the submissions are displayed on Nominet’s site as they come in. After the deadline, Nominet will analyze the comments and propose a revised policy and procedure.
Among the most popular revision suggestions is an update of the definition of cyber squatting, which will contain a new financial deterrent.
Disputes over a domain name’s ownership can either end up in court or follow Nominet’s Dispute Resolution Service. The organization’s DRS is similar to ICANN, and an online dispute form can be filed online. If the case is not settled through mediation, the complainant can pay $1,453.37 for an appointed expert to hear the case. The expert cannot award damages.
While domain disputes follow trademark law — and there is no impetus to change that — the policy’s guidance that follows the mediation is under scrutiny. Many comments indicate changing the policy to eliminate language that reselling a domain name, earning pay-per-click revenue, or a quick resale of the domain is evidence of a fraudulent registration.
Also discussed was changing the fee structure and having the losing party pay for a decision, thereby adding a financial deterrent to cyber squatting.
