RE: [registrars] New Straw Poll

[Bruce Tonkin <Bruce.Tonkin@melbourneit.com.au>]

> 
> Q1: The current xfer policy in exhibit B of the 
> registrar/registry contract
> is currently written from the perspective of what a gaining 
> registrar must
> do. The policy is silent on what affirmative actions a losing 
> registrar may
> take aside from requesting verification from the gaining 
> registrar. Because
> the current policy does not prohibit a losing registrar from imposing
> additional safeguards in the transfer policy, a growing 
> number of losing
> registrars are imposing safeguards that conflict with the policies and
> standard operating procedures that a majority of registrars 
> have employed
> since the beginning of the test bed period. Given this difference of
> opinion, can be stated that there are ambiguities in the current xfer
> policy?
> 

YES - the wording could be improved.

> 
> Q2: The registrars support a xfer policy that protects consumer's best
> interest?
> 

YES

> 
> Q3: Registrars believe that the best way to protect a consumer's best
> interest when: (1) a gaining registrar has obtained 
> authorization from an
> entity with legal authority to act on behalf of the 
> registrant; and (2) a
> losing registrar sends an email notification to the 
> registrant; and (3) the
> registrant fails to affirmatively respond to the losing 
> registrar's inquiry
> is for the losing registrar to:
> 
> [ ]autoACK the transfer, except in special circumstances (i.e. rogue
> registrar, special instructions from a registrant, etc.)
> [ ]autoNAC the transfer

autoACK the transfer within the existing 5 day period.

The gaining registrar should be required to provide evidence of
authorisation to losing registrar on request, if registrant does not reply.
If evidence is deemed to be unsatisfactory - then go to dispute resolution
procedure.  This would occur after the autoACK.  The transfer can be
overuled by outcome of dispute resolution.

> 
> Q4: Do the registrars favor a longer transfer period at the registry?
> 

NO

> 
> Q.5. Do the registrars favor a standard multi-lingual 
> template that all
> losing registrars should send to a registrant when requesting 
> verification
> on a transfer request?
> 

NO - it is difficult to develop a standard template.  It is more important
to develop principles for what the email message should contain and not
contain.

> 
> Q.6. To date the following recommendations have been put 
> forward on behalf
> of certain registrars as methods for minimizing the current 
> xfer problem:
> (1) single notification by losing registrar in bulk 
> transaction (greater
> than 5 domain names); (2) simultaneous email notification 
> sent to gaining
> registrar; (3) uniform email template (multi-languages) sent by losing
> registrar; and (4) a longer time window at the registry to allow for
> transfers. If all of these recommendations were implemented 
> would this in
> your opinion eliminate the majority of the current xfer 
> problems that have
> been discussed to date and eliminate the need to change the current
> agreements?
> 

NO, however contractual change may not be necessary.  Could also review
under a code of conduct that all registrars abide by.  First step is to
bring back autoACK procedure, while code of conduct determined.  We could
set a time limit for this code to be developed, and if the code is not
developed then concerned registrars can re-instate their approach to decline
transfer when the registrant does not respond.

> 
> Q.7: Since there are concerns on the part of requesting 
> registrars that some
> losing registrars may not be allowing transfers to occur and 
> concerns on the
> part of losing registrars that registrants are getting slammed or some
> requesting registrars are not getting the appropriate 
> authorization from an
> authorized representative, should the registrar constituency 
> explore an
> independent verification model?
> 

This question is unclear.  There are technical protocol approaches to
provide authentication that a request for transfer has come from the
registrant (or authorised contact)> 

> 
> Q.8 Because of the alleged ambiguities in the current 
> registrar/registry
> contract and the lack of any governing contract with ICANN on 
> this specific
> issue, a policy change in accordance with Section 4 of the
> registrar/registry contract is the only option to legally 
> enforce any new
> xfer policy an all ICANN accredited registrars. Do the 
> registrars support
> putting forth the xfer policy before the names counsel to 
> begin the policy
> implementation guidelines as set forth in Section 4.
> 

YES - although this may take some time to implement.  Registrars should
agree to a time frame to do this, and refrain from the current practices to
restrict transfers during this timeframe.

Bruce Tonkin
> 
> 
>