Re: [ga] New domain name policy issue

[Joop Teernstra <terastra@terabytz.co.nz>]

>
>While I applaud the efforts of the registrar constituency to attempt to
>internally resolve these matters to their own mutual satisfaction, and while
>I support what appears to be their desire to bring this issue to the Names
>Council for consideration, I am concerned that the voice of small business
>and the voice of the individual is not being heard in these discussions.  In
>my opinion, this is an issue for the GA, and I hope that advocates for a
>Registrants' Bill of Rights will speak up on these matters.

Thank you Danny, for raising this matter here.
We had already an earlier posting, by Sri Narra, who complained about 
unethical registrar practices.

I have now experienced such a transfer refusal myself, on the grounds that 
the registration was expiring. (there are no clear contract clauses, such 
as "no transfer in the last 30 days prior to expiration"--so registrars can 
take VERY liberal views about such no-transfer periods)

In fact Register.com lists the following reasons including "at the 
discretion of the losing registrar".

Can a Transfer of Registrar request be rejected?
The losing registrar has the ability to reject a domain name transfer 
request that is initiated by register.com in the following situations:
·       The transfer request was initiated within the first 60 days of the 
original registration date
·       There is a dispute over the domain name
·       There is a pending bankruptcy of the domain name holder
·       There is a dispute over the identity of the domain name holder
·       At the discretion of the losing registrar
You will be notified via email in the event that your domain name cannot be 
transferred due to one of these reasons.

The problem is that there is no sanctions mechanism to keep registrars on 
the straight.
One suggested rule for the ICANN-registrar contract:

"A registrar who repeatedly unreasonably withholds co-operation with a DN 
transfer can be fined $xxx per Domain Name".

As of now ICANN can only apply the ultimate sanction of withdrawing 
accreditation.

Should ICANN provide for a complaints procedure and fines?
Are there other ways to compel registrars to co-operate with transfer requests?

-joop




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