RE: [ga] Contemplated Registry Fees

["L. Gallegos" <jandl@jandl.com>]

On 20 Feb 2003 at 8:19, Neuman, Jeff wrote:

> 
> Danny, to be honest the issues as to what fees (if any) to be charged by a
> Registry for implementing a dispute process regarding transfer complaints
> was not addressed by the Transfer Task Force or Implementation Committee
> except that it is understood that a Registry should be able to recover its
> costs for administering the disputes. 
> 
> I do not mean to "punt" this issue, but for now, since the actual scope of
> the dispute process has not been set out and the rules and procedures have
> not been drafted, it is impossible for us as registries to tell you what
> such a charge (if any) would be.  

Until such time as these things are drafted, there should be no decision 
made to even consider the plan.  

To give you an example, if a Registry is
> only required to merely look at the transaction records and then make a
> determination as to whether it appeared on its face that a transfer was
> authorized, this would obviously cost a lot less to administer than if we
> were required to take in written pleadings (or something similar) with each
> party making arguments and make some sort of determination as to which
> position is correct.

If there is an error causing a registrant to "lose" a domain, the 
registrar and the registry should have NO fee assessed to the registrant.  
Perhaps if the registrars and registries were actually made responsible 
for errors, the process would be improved.  Stuff happens.  Processes are 
created by humans, so we have errors.  That does not mean customers should 
pay for them in any case.  OTOH, if there was no error, a registrant 
simply loses a domain.  That is also fair.  If I "forget" to renew a 
domain and don't keep records myself as to renewal dates, it's my fault.  
I lose.  That's really a no brainer and, as you pointed out, could be 
easily found by looking at transaction records.  However, if the domain is 
current and lost in transfer, it's your baby to fix, not mine, and should 
be handled on an immediate basis at your cost.  If a gaining registrar is 
uncooperative in returning a domain, the registry should have to effect 
the return and all fees returned to the illegitimate gaining registrant.

> 
> If these disputes were presided over by neutral third parties (rather than
> the registries), then obviously there would be no charge.

Once there is a dispute method, there will be frivolous claims made, just 
as we have seen with UDRP, costing registrants money they can ill afford. 

> 
> My recommendation on going forward would be for a group of interested
> parties to take a stab at a first comprehensive draft asto exactly how this
> dispute process would work, what remedies could be sought, who pays the
> costs, whether penalties could be assessed, etc.  Once that is complete, I
> believe the Registries (if we are the dispute providers) can make an
> assessment to any associated costs.

If that draft were done and published, perhaps there would be something to 
discuss.  Penalties for refusal to cooperate or effect corrections of 
errors, you bet.  That's a pretty good incentive to cooperate.

Leah


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