Elana and
All:
I have a
few questions regarding this updated Register.com policy that you have
suggested:
Based upon
the following policy, can you please be more specific about how Register.com is
planning on confirming that the gaining registrar is “practicing reliably” and
how you reserve the right to check such practices? What are these unreliable practices that you are referring
to? Does this mean that if the
gaining registrar does not gain the exact
same authorization that Register.com does, it will be Declined? I believe that this policy and
authorization should come solely and directly from ICANN and not a single
registrar. Is it not the gaining
registrar’s responsibility to gain the proper authorization for the transfer? Is it the losing registrar’s
responsibility to make that call?
Lastly, when a transfer request does indeed get Declined due to
Register.com reserving the right to do so, will the requesting registrar be
notified of the reason that they are practicing unreliably?
e) If the requesting registrar has unreliable
practices of obtaining express
authorization from the registrant, and the customer does not respond,
register.com will NACK the request unless and until register.com receives
assurances that the requesting registrar reforms its "transfer in"
practices. Register.com reserves the right to check such practices and
ensure
that
appropriate authorization, as required by the ICANN agreements, has
been obtained.
Tara
Stargate
-----Original
Message-----
From: owner-registrars@dnso.org
[mailto:owner-registrars@dnso.org]On Behalf
Of elana broitman
Sent: Friday, June 29, 2001 4:34
PM
To: Registrars@Dnso.Org
Subject: [registrars] registrar
transfers
To
Registrars -
Register.com has been closely reviewing the registrar transfer issue and is
ready to update its policy with regard to transfers.
As you know, Register.com makes it a practice to verify its customers'
transfer authorization prior to permitting the transfer of their domain names
to another registrar. Not only is this practice permissible under the
ICANN
agreements, but it has been in place since 1999 in order to protect registrants
against potential unauthorized transfers and hijackings. Consumer
protection ultimately builds the reputation of the
domain name industry, supports ICANN's charge to protect the stability
and security of the domain name system, and furthers the registrar
community's interest in protecting domain name consumers.
Register.com continues to stand behind its consumer protection policy. At
the same time, register.com has always been committed to working closely with
ICANN-accredited registrars, and other ICANN constituencies, to resolve
registrar transfer issues. In that spirit, we have listened closely to
the views of the constituency,
our
customers, ICANN, and other stake holders, and have considered options for
balancing the consumer protection policies with registrar business concerns.
As a result of close review of industry practices, register.com has
determined that it would change its policy to one of default ACK.
The new
practice that register.com intends to implement would be as follows:
a) Register.com will continue to verify with its customers that they
authorized the transfer requests.
b) If a customer verifies a request, register.com will ACK the request.
c) If a customer objects or questions the request, register.com will NACK
the request.
d) If a customer does not respond, register.com will ACK the request if the
requesting registrar has "transfer in" practices that reliably obtain
express authorization from the registrant.
e) If the requesting registrar has unreliable practices of obtaining express
authorization from the registrant, and the customer does not respond,
register.com will NACK the request unless and until register.com receives
assurances that the requesting registrar reforms its "transfer in"
practices. Register.com reserves the right to check such practices and
ensure
that
appropriate authorization, as required by the ICANN agreements, has
been obtained.
We believe that this new policy would provide register.com and the registrar
constituency with the flexibility and balance that we have all been seeking
in resolving this issue.
We
recommend that the constituency schedule a conference call to discuss this
solution.
Regards,
Elana
Broitman
Director, Policy and Public Affairs
register.com
575 Eighth Avenue
New York, NY 10018
(212) 798-9100
212-629-9307
ebroitman@register.com