Re: [nc-transfer] FW: Canadian Transfers Model

[Dan Steinberg <synthesis@videotron.ca>]

As a Canadian I am quite pleased at what CIRA has done in general and
specifically with the transfer issues.  That said, I am wondering how
well this would map outside Canada  A .ca domain is not quite the same,
right from the start, as a .com or .net etc.  Just the residence
requirement alone...seems to me makes this instantly into some thing
that does not scale well and is not *intended* to scale.

"Cade,Marilyn S - LGA" wrote:
> 
> Posted with permission of sender. Thanks, Danny.
> 
> Marilyn
> -----Original Message-----
> From: DannyYounger@cs.com [mailto:DannyYounger@cs.com]
> Sent: Thursday, May 30, 2002 5:38 PM
> To: Cade,Marilyn S - LGA
> Cc: Elisabeth.Porteneuve@cetp.ipsl.fr; rjs@lojo.co.nz;
> tony.ar.holmes@bt.com; mcf@uwm.edu; nick.wood@nom-iq.com;
> grant.forsyth@clear.co.nz; ross@tucows.com; sgaon@registrypro.com;
> crusso@verisign.com; synthesis@videotron.ca; dsafran@nixonpeabody.com;
> james.love@cptech.org; faia@amauta.rcp.net.pe
> Subject: Canadian Transfers Model
> 
> Your thoughts on the Canadian Transfers Model would be appreciated:
> 
> 11. TRANSFER OF REGISTRATION
> Although a domain name Registration is not the property of the Registrant,
> CIRA will recognize a
> transfer of the Registration.  To transfer a domain name Registration to
> another person, the
> following procedure must be followed:
> 
> 11.1    Canadian Presence Requirements.  Proposed transferees of a
> Registration must meet
> the Canadian Presence Requirements for Registrants set out in Section 2.1.
> 
> 11.2    User Account and Password.  The Registrant of record for the
> Registration to be
> transferred (the "Transferor Registrant") must contact the proposed
> transferee of the
> Registration (the "Transferee Applicant") and obtain the CIRA User Account of
> the
> Transferee Applicant to initiate the process.  No transfer can be initiated
> unless the
> Transferee Applicant has a Registration or is a Registrant Without a Domain
> Name in
> accordance with Sections 2.12 to 2.15.  In other words, the Transferee
> Applicant must
> have already agreed to be bound by the Registrant Agreement and all the Rules
> and
> Procedures as set out in these rules and procedures in order to apply to have
> a
> Registration transferred to it.  Provided that the Transferee Applicant has a
> Registration
> or is a Registrant Without a Domain Name in accordance with Sections 2.12 to
> 2.15, the
> procedure set out in Sections 11.3 through 11.9 must be followed.
> 
> 11.3    Transfer Request.  The Transferor Registrant must cause its Registrar
> of record to
> submit a Registrant Transfer of Registration Request ("Transfer Request") to
> CIRA
> indicating the Transferee Applicant's CIRA User Account.  This Transfer
> Request will
> then be validated and processed in accordance with Section 5.
> 
> 11.4    Confirmation by the Transferor Registrant.  If the Transfer Request
> is so validated
> and processed, CIRA will send an email to the Transferor Registrant
> containing the
> address of a secure web page.  The Transferor Registrant will be required to
> go, within
> 168 hours (7 days) from the time and date of CIRA's email, to the web page
> identified in
> the email from CIRA, use its User Account to identify itself, confirm its
> identity by using
> its Private Password and confirm the Transfer Request.  If the Transferor
> Registrant
> confirms the Transfer Request, CIRA will mark the Registration in CIRA's
> WHOIS
> database available to the public as subject to a pending transfer.  The
> Transferor
> Registrar, the Transferor Registrant, the Transferee Applicant and the
> Transferee
> Registrar will be advised by CIRA once this has taken place.  If the
> Transferor Registrant
> does not comply with this confirmation procedure within such 168 hour (7 day)
> period,
> the Transfer Request will be rejected and cancelled, and CIRA will give
> notice of the
> cancellation to the Transferor Registrant, the Transferor Registrar, the
> Transferee
> Applicant and the Transferee Registrar.
> 
> 11.5    Transferee Applicant Transfer Request.  Once the Transferor
> Registrant has confirmed
> the Transfer Request, the Transferee Applicant must cause the Transferee
> Registrar to
> submit the Transferee Applicant Transfer Request to CIRA. This Request will
> be
> processed and validated in accordance with Section 5.
> 
> 11.6    Confirmation by Transferee Applicant.  If the Transferee Applicant
> Transfer Request
> is so validated and processed, CIRA will send an email to the Transferee
> Applicant
> containing the address of a secure web page.  The Transferee Applicant will
> be required
> to go, within 168 hours (7 days) from the time and date of CIRA's email to
> the web page
> identified in the email from CIRA, use its User Account to identify itself
> and confirm its
> identity by using its Private Password.  The Transferee Applicant will then
> be required to
> confirm that the information provided by the Transferee Registrar in the
> Transferee
> Applicant Transfer Request is correct.
> 
> 11.7    Modification of Information. If the information provided by the
> Applicant's Registrar
> in the Transferee Applicant Transfer Request is not correct, the Transferee
> Applicant
> should select the CONFIRM LATER option on this web page, contact its
> Registrar and
> make any modifications to the information through its Registrar within the
> 168 hour (7
> day) period from the time and date of CIRA's email referred to in Section
> 11.6.  Once the
> modifications have been made, the Transferee Applicant must complete the
> confirmation
> procedure set out in Section 11.6 within the time period set out in Section
> 11.6 or the
> Transferee Applicant Transfer Request will be rejected and cancelled.
> 
> 11.8    Cancellation of Request. If the Transferee Applicant does not wish to
> proceed any
> further with the Transferee Applicant Transfer Request, the Transferee
> Applicant should
> select the CANCEL option on this web page.  The Transfer Request will be
> rejected and
> cancelled at the end of the 168 hour (7 day) period from the time and date of
> CIRA's
> email referred to in Section 11.6 by CIRA with no further notice to the
> Transferee
> Applicant, the Transferee Registrar, the Transferor Registrar or the
> Transferor Registrant.
> No fee is payable by the Transferee Registrar in this event.
> 
> 11.9    Transfer of Registration.  If the Transferee Applicant complies with
> this confirmation
> procedure within such 168 hour (7 day) period, CIRA will debit the Transferee
> Registrar's balance in the CIRA Deposit Account for the Transfer of
> Registration Fee in
> accordance with the Fee Schedule (located at http://www.cira.ca/ registrars/
> documents.html) plus any applicable taxes.
>     Unless the Transferee's Registrar's balance in the CIRA Deposit Account
> is insufficient
> to cover the Transfer of Registration Fee, CIRA will also:
> (a) transfer or cause to be transferred the Registration from the Transferor
> Registrant
> to the Transferee Applicant and make the Transferee Registrar the Registrar
> of
> record for the Registration;
> (b) advise the Transferee Applicant, the Transferor Registrant, the
> Transferor
> Registrar and the Transferee Registrar that the domain name Registration has
> been transferred to the Transferee Applicant; and
> (c) update or cause the Registration record for the domain name Registration
> to be
> updated to reflect the change in Registrant.
> When a Registration is transferred in accordance with the procedure in
> Section 11, the
> remaining registration period is also transferred with the Registration to
> the Transferee
> Applicant and there will be no refund by CIRA to the Transferor Registrar for
> such fees.

-- 
Dan Steinberg

SYNTHESIS:Law & Technology
35, du Ravin		phone: (613) 794-5356
Chelsea, Quebec		fax:   (819) 827-4398
J9B 1N1                 e-mail:synthesis@videotron.ca