RE: [registrars] Tucows Position On Transfer Policies

[Paul Stahura <stahura@enom.com>]

Bhavin,

see below


> 
> Bhavin Turakhia wrote:
> 
> > 
> > Now if the abv process is defined the number of loopholes 
> is far lesser than
> > stating it simply as "express approval" which leaves much room for
> > concern.... to the extent that someone on the list 
> mentioned that if as a
> > registrar i know my customer i may treat a phone call as an express
> > approval. THAT IS PRECISELY WHAT I AM SCARED OF. What then 
> prevents a
> > registrar/registrant from using that as an excuse/abuse.
> > 

The bottom line is that abusing transfers does not pay.
If I totally abuse the system and transfer a bunch of random 
names from some registrar, I *must* pay $6 for each one.  
If I do not have the authority from the registrant, 
who is going to pay me more than $6 ?
Slamming/abuse or whatever your want to call it is not 
a good long-term, or even short-term, business.  
There is an economic disincentive against it.
Not only that, but also, all those random registrants,
and also the registrar, would complain, and I would assume
the slammer/abuser would be in big legal trouble.  
Which provides another disincentive to abusing transfers.
These two disincentives (legal and financial) help
insure slamming does not happen which is 
why not one registrar is complaining about it.

If a registrant is worried that their name will be transferred
by accident, or maliciously, or abused in any way, 
they can put their name on "registrar lock" status at 
their current registrar.  Try transferring "amazon.com",
I bet you can't because NSI probably has it on registrar lock,
(at least I hope they'd provide this service for amazon.com)

Best,

Paul "no answer = ack" Stahura
eNom, Inc.

> 
> Bhavin,
> 
> That was my example. 
> 
> I think you can start being scared
> at the point that a registrar uses that "excuse" on
> multiple occasions to the point where you become suspicious
> that there is an abuse. 
> 
> At that point, there is nothing to prevent you from
> following up with the customer(s) and seeing
> if they really have given their approval
> of a transfer. If they have not, you would be
> able to forward your complaint to ICANN.
> 
> You could do this no matter what form of approval
> the registrar said they accepted. The only difference
> is that if the registrar had accepted verbal
> approval, they would have a hard time proving
> their case, and you would have an easy time
> proving your case (When the customer said they
> did not agree that is.)
> 
> 
> Larry Erlich
> 
> http://www.DomainRegistry.com
> -- 
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> Larry Erlich - DomainRegistry.com, Inc.
> 215-244-6700 - FAX:215-244-6605 - Reply: erlich@DomainRegistry.com
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>