[ga] Touton's view on Transfers?

[Eric Dierker <eric@hi-tek.com>]

Please review #4 it is at the crux of our current problems with
transfers.

I would also ask anyone that has had an ISP wrongfully transfer a
name that you owned, to tell us of such episode.

 http://www.icann.org/correspondence/touton-to-russo-27aug01.htm

From the language of the policy, it seems apparent that:

         1. The responsibility for ensuring that a Registered Name
Holder authorizes the transfer lies with the gaining registrar, not the
losing registrar.

         2. This allocation of responsibility should not prevent the
losing registrar, as an additional measure, from seeking to inform
Registered Name Holders of impending transfers and affording them an
opportunity to express their objection.

         3. The allocation of responsibility does indicate, however,
that the losing registrar may not deny a transfer request that the
gaining registrar has verified merely because the losing registrar has
not verified it. Thus, a losing registrar should not deny a transfer
request simply because it has notified the Registered Name Holder of the
request and has not received a response.

         4. The losing registrar may, however, deny the transfer request
where it has an adequate reason for believing that the Registered Name
Holder has not authorized the transfer. In some instances, the failure
of the Registered Name Holder to respond to a notification may form one
element of the reason. Because the policy allocates the verification
responsibilty to the gaining registrar, however, the lack of such a
response is not by itself an adequate reason to deny the transfer.
Additional elements of an adequate reason may include information
relating to the Registered Name Holder (such as prior communications) or
the authorization practices followed by the gaining registrar.


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