The IPC does not support continued operation of the RDRS as it is currently structured. While we recognize the value of maintaining some form of interim non-public data access mechanism, the current RDRS has fundamental structural deficiencies that undermine its effectiveness and utility for consumer protection, intellectual property and law enforcement purposes.

The system suffers from lack of contracted party participation, significant inconsistencies in decision-making across registrars, lack of transparency in the review process, and inadequate disclosure standards that frustrate legitimate requestors. The arbitrary and confusing experiences reported by IP holders demonstrate that the current system fails to provide the predictable, fair access mechanism contemplated by the EPDP Phase 2 recommendations.

Any continuation of a disclosure system must mandate participation by all contracted parties, incorporate proper authentication mechanisms, implement clear evaluation standards based on the EPDP Phase 2 framework, and provide meaningful oversight and accountability measures. The IPC notes that the Standing Committee has recommended that the eighteen EPDP Phase 2 Recommendations either be implemented or rejected as a package. As such, we do not think that the current RDRS process will allow the changes to be made that would enable requestors to use it effectively. Rather than continuing a generally ineffective system, the IPC recommends that ICANN develop an alternative approach that better serves the community's legitimate access needs.

The implementation of proper authentication mechanisms, and establishment of clear evaluation standards based on legal frameworks including NIS-2, EU Commission Recommendation 2024/915, and other evolving regulatory requirements represent the type of systemic improvements necessary to serve the community's long-term needs effectively while meeting legal obligations that prioritize legitimate access.