Complaints and Appeals Board has a new Chair
"We deal with issues in a pleasant, low-threshold way"
"We deal with issues in a pleasant, low-threshold way"
For the last 3 years, Hendrik Struik has chaired the Complaints and Appeals Board: the independent body that .nl registrants and registrars can turn to if they are unhappy about a decision made by SIDN, or about a registered .nl domain name. Now Hendrik is handing the baton to Peter Blok, one of the C&AB's other members. Making this an opportune moment to highlight the body's important role. Hendrik and Peter talk about the C&AB's work, and how the body safeguards its independence.
Hendrik: "SIDN is the only organisation in the world that can issue and manage .nl domain names. And those domain names are very important to many private individuals, businesses and other organisations. But they are a scarce commodity. The C&AB is an independent body that .nl internet users can turn to if they are unhappy about certain types of decision made by SIDN, or if they think that a registered domain name is inconsistent with public order or decency. We interpret 'inconsistent with public decency' as meaning morally unacceptable to Dutch society."
Peter: "The C&AB offers registrants and registrars a low-threshold mechanism for complaints and appeals. You can take a case to the C&AB without hiring a lawyer. The existence of the C&AB keeps SIDN on their toes and provides a driver for process improvement."
Hendrik: "Although I'm the retiring Chair of the C&AB, I was previously an ordinary member for 3 years. As an IT lawyer with experience giving legal advice and handling disputes about IT contracts and software protection, I had the kind of background you need to chair the C&AB. It was that background and my affinity with the internet world that led to me being invited to become a member. During my time with the C&AB, I also became a judge at Amsterdam High Court."
"I recently succeeded Hendrik as Chair," says Peter. "Before that, I was an ordinary member of the C&AB. "My background, for example as Professor of Patent Law and Privacy at Utrecht University, means that I have a great deal of affinity with technology and the internet. I'm also a judge at The Hague High Court, dealing with cases in fields such as intellectual property."
Hendrik: "That's an easy question to answer, because in the last 6 years the C&AB has made only one substantive ruling. The case related to a .nl domain name whose registrant had been changed. The original registrant later appealed against the change, claiming that it should never have been made. The C&AB upheld the appeal, because the registrant change hadn't been made in accordance with SIDN's General Terms and Conditions. We consider all cases on the basis of the T&Cs, which SIDN drew up itself." "As Hendrik says, that's the only case we've examined on a substantive level," adds Peter. Nevertheless, the case described by Hendrik isn't the only one referred to the C&AB. The substance of the other cases wasn't considered, however. In 2019, for example, two referred cases were deemed inadmissible and therefore rejected.
Hendrik: "The existence of the C&AB is prominently highlighted on SIDN's website and in the T&Cs. All internet users can also find ample information about the C&AB on cvkb.nl, including details of cases previously considered and the rulings. Interviews like this also help to raise the C&AB's profile as well, of course."
Hendrik: "Each member of the C&AB is appointed for 3 years, with the option of one further 3-year term. So the C&AB's composition and leadership change regularly, which promotes independence." Peter: "Another significant point is that all members have to be impartial. None of us have any ties to SIDN. The C&AB always makes it clear to people who submit appeals or complaints that it is an independent body."
Peter: "The number of complaints and appeals that the C&AB receives is very small. If that implies that there are few disputes about .nl domain names or SIDN's decision-making, then SIDN must be doing well. My C&AB activities, first as an ordinary member and now as Chair, add a new dimension to my work. The threshold to taking a case to the C&AB is a lot lower that the threshold to legal action. As a result, we can explore disputes with all the parties in a pleasant, informal way, and work out solutions together."
Want to learn more about appealing against a decision made by SIDN? Visit https://www.sidn.nl/en/nl-domain-name/appealing-against-an-sidn-decision. For information about making a complaint, see https://www.sidn.nl/en/nl-domain-name/complaining-about-a-domain-name.