[registrars] Transfer Process Points

["Ross Wm. Rader" <ross@tucows.com>]

Register.com has made several recommendations on how the existing proposal
can be improved. Tucows has a few informal comments on these
recommendations.

1. Definition of Apparent Authority. Apparent Authority is a legally defined
term already. Furthermore, requiring that the Gaining Registrar abide by the
Losing Registrar's definition of apparent authority will through the process
into a state of confusion. ie - Tucows says "Admin Contact", Register.com
says "Registrant" JoeX says "My Mother"...etc. It would be next to
impossible to build a system that would deal with differences from registrar
to registrar on any meaningful basis.

2. Indirect Channel - Registrars must have a legal contract with their
registrants. Registrars are responsible for the validity of transfers.
Changing this current arrangement is not something that can be taken
lightly. Further study is required.

3. Indemnity - Not on your life. I can say very specifically that Tucows has
been duped into taking fraudulent transfers because of a breakdown in
process by the losing registrar. Unless the losing registrar is going to
guarantee that their systems are not vulnerable to fraudulent updates
similar to what happened to Internet.com last summer, then there is no way
that I am going to go out on a limb to protect the losing registrar. We
strongly feel that this is something that needs to be worked out on a case
by case basis between registrars.

4. Locks - Further study is required as outlined in the proposal.


Thanks,

-rwr



Tucows Inc.
t. 416.538.5492