[council] domain name transfer issue for tomorrow's pNC teleconference

["Shapiro, Ted" <Ted_Shapiro@mpaa.org>]

 <<dmtrdraft2.htm>>   <<dmtrdraft2.doc>> Attached please find a brief report
tracing the development of  the domain name transfer issue and a proposed
amendment to the model protocol presented at the last pNC teleconference (12
July 1999).

If amended as suggested in the conclusion of the attached report, the model
protocol would read (note the last three paragraphs are the actual
provisions-the rest is introductory language):

MODEL PROTOCOL FOR REGISTRAR TO REGISTRAR HANDLING OF REQUESTS BY A DOMAIN
NAME HOLDER TO CHANGE REGISTRARS UPON NOTICE OF A POSSIBLE CLAIM

	Certain test bed registrars are already operational and more are
rapidly coming on line with each passing week.

	There is presently evidence of forum shopping for registrars with
different dispute policies by domain name holders for improper purposes,
including, but not limited to seeking to avoid the assertion of rights by a
third party to that same domain name or the compliance with a cease and
desist letter, or to avoid the initiation of a dispute policy by the
registrar from which the domain name holder is seeking transfer, or the
resolution of a properly invoked dispute proceeding under the policy of the
registrar from which the domain name holder is seeking transfer.

The existing dispute policies presently in place and policies being
discussed do not address any protocol for registrar to registrar handling of
requests by a domain name registrant to change registrars upon notice of a
possible claim.

	ICANN should be able to make decisions without having to wait for
quarterly meetings and a decision on this proposed model protocol is
necessary to discourage ongoing undesired forum shopping.

	ICANN already has made a decision that registrars must have a
dispute policy in place before they can become operational.  By resolution
in Berlin, ICANN has encouraged the test bed registrars to formulate a model
policy and is providing assistance to them in this regard. 

	The following proposed model protocol is for registrar to registrar
handling of transfers for second level domain name registration records.
This protocol would assist in protecting intellectual property rights
holders.  Importantly, the proposed protocol does not call for hindering the
use of the domain name by the registrant assuming the dispute policy of
their existing registrar so permits.  The proposed protocol also attempts to
address the time gap between the receipt of a cease and desist letter by the
domain name holder and the invocation of a registrar's dispute policy
(assuming that policy does not provide for the placing of a hold on the
name).  During this time gap, a domain name holder can seek to change
registrars in order to avoid the invocation of its initial register's
dispute policy.

Finally, if the domain name holder seeking the transfer has been improperly
blocked by a third party from transferring registrars, that domain name
holder will not be precluded from availing themselves of any and all
appropriate remedies and actions.

	Once a registrar's dispute policy has been properly invoked and the
dispute is pending and remains unresolved, the registration of second level
domain name registration record shall not transfer that domain name to
another registrar until the dispute is properly resolved.

	Each registrar will include a provision in its registration
agreement requiring the registrant to agree not to attempt to transfer its
domain name within 60 days of receiving (a) a cease and desist letter, (b)
notice of a dispute under the registrar's dispute resolution policy, or (c)
notice of the filing of legal proceedings regarding the domain name.

	Each registrar will include a provision in its registration
agreement requiring the registrant to represent that the domain name for
which it seeks registration is not being transferred from another registrar
within 60 days of receiving (a) a cease and desist letter, (b) notice of a
dispute under the first registrar's dispute resolution
policy, or (c) notice of the filing of legal proceedings regarding the
domain name.

dmtrdraft2.htm

dmtrdraft2.doc