RE: [nc-transfer] Deletions Proposal

["Safran, David" <DSafran@nixonpeabody.com>]

Based on yesterday's TTF telephone conferences and subsequent consultation
with Marilyn Cade, the following draft deletions proposal is presented for
consideration:


		--- DRAFT PROPOSAL ---

		The Transfer Task Force having determined that: 

		1) There is no uniform practice from registrar-to-registrar
as to when an expired domain is turned off or deleted, and that this leads
to registrant confusion at best, and could contribute to accidental or
inadvertant loss of a registered name, and that this diversity of procedures
may also affect other related issues.

		2)  That a significant number of domain names are being
unintentionally lost due to
erroneous expirations and deletions that were not intended to occur by the
domain name owner, e.g., due to errors by their ISP or other intermediary
registration processor, or simple failure to receive adequate notice,or even
simple misunderstanding.

		3)  That, on the one hand, immediate returning of an
established domain name to use by a new owner in many instances will
encourage adoption of deleted, established domain names by those seeking to
trade on the established good will of the prior domain name registrant,
e.g., to divert traffic intended for the prior user to a unrelated site of
the new owner, and that, in these case, the public can be disadvantaged
and/or harmed when returning to a previously frequented web site and either
being diverted to a personally offensive site or being misled  into
transacting business with the new domain owner believing that they are
transacting business with the prior domain name owner.

		Therefore, it is the Task Force's conclusion that,for these
reasons and other reasons identified elsewhere, it is desirable and
beneficial to the public for a uniform deletions policy to be established,
which would apply to all Registrars, by which domain names would be
"deleted" after a set number of days with a requirement that they go dark at
the end of a set period of time from expiration, the domain name owner being
permitted to recover the domain name up until expiration of this second set
period of time from the date on which the domain goes dark (redemption grace
period), with the domain name being deleted at the end of the redemption
grace period and returned to the registry pool.

		Furthermore, it is also the Task Force's conclusion that in
all instances where a domain name has been deleted, whether due to
expiration or otherwise, that the deleted domain name not be reissued until
the end of a set cooling off period of time after the domain name has been
deleted, in order to provide an opportunity for the domain name to be
returned to the owner in the case of an erroneous deletion at a point in
time when the domain name should not have been deleted, and to afford a
period of time for the public to disassociate the domain name from its prior
owner. 

-----------
  
David S. Safran
Nixon Peabody LLP 
8180 Greensboro Drive
Suite 800
McLean, VA 22102
Office:  703.770.9315
Fax:  703.770.9400
dsafran@nixonpeabody.com 

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