| You are both right, and there will be a "best practices" document coming out in the near future which describes some of the unwritten UDRP procedures. Guess who got roped into working with ICANN staff on that?
First, in every instance, the dispute resolution provider sends a verification email to the registrar to:
1. Notify the registrar of the proceeding, if the registrar had not already been informed,
2. Request confirmation of the whois data or otherwise have the registrar correct or update the whois data, and
3. Lock the name.
In this instance, I believe there was whois privacy, but the sequence of steps is the same whether there is or is not whois privacy, because the registrar's response to the verification notice is considered authoritative, regardless of what the whois says.
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John Berryhill Ph.d., esq.
John-AT-johnberryhill.com
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