Re: [alac-forum] Domain Name Registrar Transfer Policy
I have read through the documents on the Domain Name Registrar Transfer
Policy, and a couple of points jump out at me
1. The focus of the documents is instructing registrars ow to behave, yet
the language is very dense from the point of view of the owner of the
domain name. It would be most helpful if you were to establish
something along the lines of a domain holder's Bill of Rights which lays
out to the consumer what he needs to do to effect a change.
2. The wording of clauses 5 and 7 create confusion:
- 5. No payment for previous registration period (including credit card
charge-backs) if the domain name is past its expiration date or for
previous or current registration periods if the domain name has not yet
expired. In all such cases, however, the domain name must be put into
"Registrar Hold" status by the Registrar of Record prior to the
denial of transfer.
- 7. A domain name is in lock status provided that the registrar
provides a readily accessible and reasonable means for the Registered
Name Holder to remove the lock status
In 5), a registrar could argue that non-payment of a renewal is de
facto proof that a name is past its expiration date. The transfer
is blocked until the renewal is paid.
In 7) the means of removing the lock status due to non- renewal is to
renew.
It would be much clearer if the proposal if it contained an
explicit statement that
- a registrar MUST consent to a request for transfer at any time during
a registration period if the registrar has been paid, and also at anytime
during the 60 days following expiry if the previous period was
paid.
I am alarmed by the behavior of Network Solutions in this regard,
who behave as if they are doing us a favor by taking our money. The
client owns the domain name - in some cases, by trademark registration or
copyright. Registrars have no right to restrict transfer of the domicile
of someone elses property if they have been paid. Make your
rules for the registrars reflect this reality, please.
Thank you
Manfred Humphries
At 12:03 PM 4/1/2004, you wrote:
Dear Mr. Humprhries,
ICANN is setting up a new transfer policy. (see
http://www.icann.org/transfers/index.html
)
Some members of the ALAC participate in the Assistance Group made for that
purpose.
You can find the draft at http://www.icann.org/transfers/policy-30mar04.htm
We hope the new transfer policy to bring solutions in cases like you're
reffering here.
Regards,
Sebastian Ricciardi
At Large Advisory Committee
www.alac.icann.org
----- Original Message -----
From: "Manfred Humphries" <manfred@xxxxxxxx>
To: <forum@xxxxxxxxxxxxxx>
Sent: Friday, March 12, 2004 8:10 PM
Subject: [alac-forum] Domain Name Registrar Transfer Policy
> I recently was asked to re-instate a domain name for the owner, a musician
> who has no expertise on the internet.
>
> I was shocked to learn that I have no choice but to renew with the
> registrar holding the expired domain, Network Solutions Inc. despite the
> fact that there are other registrars who would renew for less than half of
> the usurious $34.95 extracted by Network Solutions.
>
> Refusing to transfer the domain name despite the fact that the registrar
is
> no longer providing the service they contract to provide and which service
> the domain owner does not wish that registrar to provide could be
construed
> as a form of extortion. In effect, Network Solutions took control
> and ownership of the expired domain. This maybe construed as conversion
> or theft.
>
> The customer service representative I spoke with told me that this is the
> policy of ICANN.
> Is this true?
>
> Is ICANN going to rectify this potentially illegal activity, or will the
> Courts prove to be a more expeditious route to take?
>
> ___________________________________________________________
> Manfred Humphries, NorthStar
> 324 St.Clements Ave
> Toronto ON M4R 1H5
> (416) 964-1769
>
>
> "Everyone has a perfect right to be totally wrong all the time"
>
___________________________________________________________
Manfred Humphries, NorthStar
324 St.Clements Ave
Toronto ON M4R 1H5
(416) 964-1769
"Everyone has a perfect right to be totally wrong all the time"