Re: [registrars] Language Compromise

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

> Question #3: Although the proposed transfer's task force final report
> provides for a fee provision, see below, I am concerned that there is not
an

Actually, the recommendations of the task force are distinctly less specific
than the description you quote (ie - the reference implementation is simply
a description of "what things might look like" and not "what we
recommend"...small difference.) Details need to be arranged for pursuant to
the adoption of the policy recommendations.

The specific recommendation is simply "That the Registrar filing a dispute
pay the cost of filing the dispute, that the party that "loses" the dispute
pay the cost of administering the dispute resolution and reimburse the
filing Registrar for the filing fees if applicable." Implementation details
such as those that were touched on by the interim report were beyond the
scope of these recommendations.

The entire section related to dispute resolution is below - hope this
clarifies for the casual reader.

-rwr


26. That Registrars have access to a suitable process(es) by which they can
dispute any specific transfers that they might object to after the fact
(i.e. - a dispute resolution processes as outlined in the Reference
Implementation described elsewhere in this report). And that such processes
specifically include provisions that fulfill the following requirements;
- Resolution of the disputes should be administered by a third party or the
pertinent Registry operator or both.
- That the processes be limited in scope to issues arising out of
inter-Registrar domain name transfers
- That the processes be solely initiated by a Registrar.
- That appeal of rulings is allowed, but is limited in number.
- That the policy include specific obligations for all parties to the
dispute to provide documentation to the dispute resolution provider
- That the Registrar filing a dispute pay the cost of filing the dispute,
that the party that "loses" the dispute pay the cost of administering the
dispute resolution and reimburse the filing Registrar for the filing fees if
applicable.
- That the third party dispute resolution service or Registry be able to
direct the appropriate Registry or Registrar to return a domain name to
whatever state the dispute resolution provider deems appropriate based on
the facts presented during the proceeding.