RE: [registrars] Fw: Principles

["Bhavin Turakhia" <bhavin.t@directi.com>]

Hi chuck,

Thanks for the EXHAUSTIVE list. Most of this is really helpful. Find my
comments below -

> 1.                  Registrars should provide a unique and 
> private email
> address for use only by other registrars and the registry.

AGREED

> 2.                  Admin contact is the default authority.
> 3.                  Registrant may overrule admin contact authority.

AGREED. Though some registrars treat the Registrant as the Default
authority. Also in absence of a valid Admin contact email address the
Registrant may be contacted

> 4.                  All transfer process communications to 
> registrants from
> losing and gaining registrars should be standardized.

AGREED

> 5.                  Registrars should provide special, 
> standardized Whois
> access, which may be separate from public Whois access, to 
> other registrars and the registry solely for the purpose of 
> transacting transfers.

AGREED. However Registrar must be free to impose high level limits and
monitors to ensure that no other Registrar misuses this. I am also
wondering about the implementation details for this. will every
registrar be given some password/key which would be used to authenticate
access??

> 6.                  If the gaining registrar is responsible 
> for transfer
> authentication and the losing registrar's special Whois is 
> not accessible for a to-be-specified time; this can be 
> grounds to allow the transfer to occur in case of a dispute.

DISAGREE. Just the fact that the losing registrar's whois is down should
not allow a domain hijack. I personally am ok with this since I don't
have any issue, however it should not result in a wrong transfer, and
therefore on a principle level I don't agree.

> 7.                  Minimum, standardized documentation 
> should be required
> of registrars for all transfer procedure steps for use in 
> dispute resolution.

AGREED

> 8.                  English is the mandatory default language for all
> registrar, registry and registrant transfer communications.  
> Additionally, registrars may communicate with registrants in 
> other languages provided that the principle of 
> standardization in principle 5 above is satisfied.

AGREED

> 9.                  Only registrars may initiate disputes.  
> If registrants
> want to initiate a dispute, it must be done through a registrar.

AGREED

> 10.              The registry is responsible for first level dispute
> resolution.

AGREED

> 11.              There will be a non-judicial second-level dispute
> resolution process for appeals.

AGREED

> 12.              Losing and gaining registrars should be required to
> complete specific transfer process steps within 
> to-be-determined and specifically defined time periods.

AGREED

> 13.              Only losing or gaining registrar should 
> authenticate the
> transfer request, not both.

AGREED

> 14.              If some form of auth code is used, the same 
> auth code must
> be used for the same domain name and the same gaining registrar.

I don't understand this one. An auth code is unique for that domain
name, and therefore where does th question of the gaining registrar come
in at all. Incidentally if we have an EPP style authcode mechanism for
transfers, it would resolve most issues

> 15.              If a new transfer process is adopted, the new process
> replaces the old process (i.e., a registrar can't use the new 
> process and the old process as a follow up to restrict a transfer).

AGREED

> 16.              Reasons for a losing registrar to deny a transfer:
> .        Evidence of fraud
> .        UDRP action
> .        Court order
> .        Non-payment for previous registration period if transfer is
> requested after the expiration date or non-payment for the 
> current registration period if transfer is requested before 
> the expiration date.

AGREED