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[ga] Transfers: Apparent Authority Discussion
- To: ga@dnso.org
- Subject: [ga] Transfers: Apparent Authority Discussion
- From: DannyYounger@cs.com
- Date: Fri, 24 May 2002 11:06:32 EDT
- CC: mcade@att.com, roessler@does-not-exist.org, ross@tucows.com, Elisabeth.Porteneuve@cetp.ipsl.fr, RJS@lojo.co.nz, synthesis@videotron.ca, nick.wood@nom-iq.com, grant.forsyth@clear.co.nz, crusso@verisign.com, mcf@uwm.edu, orobles@nic.mx, james.love@cptech.org
- Sender: owner-ga@dnso.org
The Chair of the Transfers TF has posted this reminder: "On 5/14, a draft
related to Apparent Authority was posted to the TF list. Comments FROM the TF
itself will close on June 1. The constituencies and GA are encouraged to
widely distribute this draft and to provide comment via email to the TF
members."
The "Apparent Authority" Analysis provided by Ross Rader and his "small
drafting team" may be found at:
http://www.dnso.org/clubpublic/nc-transfer/Arc00/msg00181.html
My comments:
Ross's admittedly incomplete analysis focuses on two terms: apparent
authority and express authorization, the former term having been given a
great deal of thought, and the latter term awaiting further consideration.
These terms rise to a level of significance owing to their use in Exhibit B
of the Registry/Registrar agreements which specify that "...for each instance
where an Registered Name holder wants to change its Registrar for an existing
domain name, the gaining Registrar shall obtain express authorization from an
individual who has the apparent authority to legally bind the Registered Name
holder."
Ross argues that "It would be unworkable for this level of authorization to
have to be obtained from the Registrant directly in every instance." This
argument is readily refuted (as "workable" models already exist in
Australia). What seems to be of greater importance to Ross and his
associates is the "convenience" of the Registrar which is enhanced by the
unexplained need to abide by the text of Exhibit B rather than crafting more
appropriate language...
By way of example, consider the auDA Registrar-Registar Transfers document
posted to the TF list by Rick Shera:
http://www.auda.org.au/docs/auda-transfers-draft.pdf Rick notes that they
have avoided apparent authority arguments altogether by specifying the level
of authority required from the registrant, and that express "written"
authorization is clearly defined (and does not include email). Written
authorization is defined as:
a hard copy letter, facsimile or PDF document signed by the registrant, or in
the case of a corporate registrant, signed by a senior manager, corporate
director, company secretary (or the equivalent of these positions) of the
registrant.
The auDa procedure calls for written authorization coupled with a valid
domain name PIN from the registrant (note that automated transfers are
explicitedly prohibited for the sake of registrant protection). I would
appreciate some discussion on why this Australian model cannot be used by the
ICANN organization, and why the Transfers TF has so far failed to discuss
this alternative.
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