Re: [registrars] Transfer Ballot

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

> Please re-read my comments. The issues that I raised
> are not covered by the above. I am stipulating that the gaining
> registrar HAS done their job. I am saying that there are
> cases where the losing registrar may need, on a limited basis,
> to overide that in certain cases.

Therefore, even when the conditions required of the Gaining Registrar under
5e, 5f and 5g of the IRDX proposal, you feel that the Losing Registrar
should be able to N'ACK a request based on criteria that you have yet to
define?

Larry, despite your claims to the contrary, you have been raising this
particular point for a while now, but have not been successful in gathering
support for this view. On the other hand, a good majority of the rest of the
constituency has put forth significant effort in producing a proposal that
does have reasonable support within the constituency (consensus? not sure,
we'll see on Tuesday). If your request is that we should abandon this effort
in favor of going through the entire process again, I'm afraid that I will
have to respectfully decline. If, on the other hand, you are stating that
this document needs further work and we should not lay it to rest as the
final word on the subject, I would entirely agree and look forward to
working with you during the next round of effort geared towards solving this
problem more finally.

The document is very explicit on this particular point, as is the resolution
that we are voting on -

"2) The drafting committee explored a number of issues that were deemed
outside the scope of this document for a variety of reasons.

It was recognized that the Registrar Constituency might wish to consider, at
a future date;

- the adoption of an amendment to this proposal that would provide for a
standard that ensured that the Gaining Registrar would indemnify the Losing
Registrar against legal recourse in the case of a reversal of transfer due
to improper authorization of the transaction, and;

- the implications of Registrar Lock processes in use by various Registrars
and how they may affect the application of this document, and;

- the creation of a process that would cause the Gaining Registrar to fully
cooperate with, and bear the direct costs of, transferring domain names back
to the Losing Registrar in a case where it has been demonstrated that the
Gaining Registrar did not act in accordance with the practices and processes
contemplated by this document.

- A requirement to authenticate or notarize some, or all, of the
documentation procured by the Gaining Registrar throughout the transfer
process.

These are complex issues that each require further study and analysis before
an amendment to this document can be recommended."

-rwr