[nc-transfer] RE: Please review 'Proposed Changes to Transfer Obligations'
Marilyn, As requested in the previous Transfers Task Force call, attached here (and pasted below in text format) is a slightly revised version of Appendix 1 to the "General Counsel's Briefing Concerning Implementation of Policies by Registrars and Registry Operators" (20 October 2002) <http://www.icann.org/legal/briefing-on-implementation-20oct02.htm>. As discussed, that Appendix was a rough stab at outlining the proposed changes to registry/registrar transfer obligations that were discussed in the Interim Transfers Task Force Report. Based on further discussions with Ross and others, items "B" and "T" have been modified to reflect what I understand to be the intent of the interim recommendations. I hope this will be helpful. Please let me know if you have any questions or if I can be of any further assistance with this. Thanks, Dan cc: nc-transfer@dnso.org --------- (Revised) Summary of New or Changed Registry & Registrar Obligations from the Interim Transfers Task Force Report 12 November 2002 The following is a summary of new or changed obligations that would be binding on registries and/or registrars if the substance of the Interim Transfers Task Force Report was adopted and implemented by ICANN. (For additional background, please refer to the General Counsel's Briefing Concerning Implementation of Policies by Registrars and Registry Operators, 20 October 2002.) A. Instead of being required to obtain the "express authorization from an individual who has the apparent authority to legally bind the Registered Name holder", registrars could initiate transfers based (only) on "express authorization by the Registrant or Administrative Contact of record" (Transfers Task Force Report §§ 2.4, 2.14, 3.3). B. Registrars would be obligated to implement transfer procedures that "take into account" registrars' and registrants' "legal, linguistic and cultural differences" (TTF §2.9). C. Registrars would be obligated to implement transfer procedures that are "as clear and concise as possible in order to avoid confusing Registrants" (TTF §2.16). D. Registrars would be obligated to issue "AuthInfo" codes to registrants within 72 hours of a request, and subject to no more authentication than required for contact or nameserver information changes (TTF §2.18). E. Registrars would be prohibited from denying transfers or AuthInfo code release in an attempt to secure payment for services (TTF §2.19). F. Registrars would be prohibited from using "Registrar Lock" in order to secure payment from registrants (TTF §2.20). G. Gaining registrars would be required to use a "Standard Form of Authorization" for obtaining the approval of the registrant or admin contact (TTF §3.4). H. Gaining registrars would be required to produce a copy of the authorization to the losing registrar within 3 business days upon request (TTF 3.4.iii). I. Losing registrars would be limited to only seven possible reasons for denying a transfer request – fraud, UDRP action, court order, identity dispute, non-payment for current or previous registration term with domain on "Registrar Hold," express objection from the registrant or administrative contact, or failure of the gaining registrar to follow the minimum required transfer procedures (TTF §§ 3.5, 5.21). J. Losing registrars would be expressly prohibited from using the absence of a response from the registrant or administrative contact to a request to verify the intent to transfer (or any other factor not listed in §3.5) as a basis for denying a transfer request (TTF §3.6.ii). K. Losing registrars would be prohibited from preventing transfers of names that are on "Registrar Lock" status (*Note: this provision would appear to require modification of the registry software and specifications since currently all transfer requests for domains on registrar lock result in an error.) (TTF §3.6.iii). L. Losing registrars could not use any verification of intent to transfer for "marketing" to existing customers, but instead such verification must be "substantially administrative and informative in nature" and would have to provide "clear instructions for approving or denying the request for authorization and a concise declaration describing the impact" of the decision (losing registrars would not be precluded from "marketing" to existing customers through "separate communications") (TTF §§ 3.8, 3.9). M. Gaining registrars would be required to "capture" the losing registrar's Whois data prior to initiating a transfer request (TTF § 5.2). N. Gaining registrars would be required to use a "Form of Authorization" that "provide[s] the Registrant with clear instructions for approving or denying the request for authorization, the identity of the Gaining Registrar (and other parties to the transaction - e.g. resellers) and a concise statement describing the impact of the Registrant's decision(s)." (TTF §5.6). O. Gaining registrars would be required to maintain specific detailed records and logs reflecting all steps of the transfer process (TTF §5.11). P. Registry operators would be responsible (possibly for a fee) for completing reviews of individual transfer requests within 14 business days of any request by a registrar. The registry operator would be obligated to request and review all applicable documentation from both the gaining and losing registrars, and make a finding as to whether the transfer was initiated or denied appropriately (TTF §8.3). Q. A new Transfer Dispute Resolution Panel would hear registrar appeals from enforcement decisions by registries or direct complaints from registrars concerning inappropriate transfer requests or denials (TTF §8.5). R. Registry operators would be obligated to "provide whatever data is needed by the Dispute Resolution Panel" (TTF §8.5.3). S. The Transfer Dispute Resolution Panel could order domains to be transferred to the sponsorship of the prevailing registrar, and could impose sanctions or penalties (to be determined) on registrars that bring complaints without merit or initiate transfers without authorization (TTF §§ 8.5.vi, 8.5.vi.3). T. A losing party to a Transfer Dispute Resolution Panel case would be obligated to refund the prevailing registrar's initial filing fee and pay for the cost of the proceeding (TTF §8.5.vi.2). Proposed Changes to Transfer Obligations.doc |