1.
INTRODUCTION
Perhaps no time
is more critical in the “life cycle” of a domain name than its deletion. This
moment is fraught with danger for the existing registrant who has come to
use and depend on the domain, full of opportunity for prospective new registrants
interested in the name, potentially costly for registrars facing the expiration
of various grace periods, and technically challenging for registries facing
a surge of interest in popular names.
1.1 Previous Discussion
Issues related to the deletion of domain
names have been discussed several times within the ICANN community. Beginning
in June of 2001, the deletion and subsequent reallocation of domain names
within VeriSign’s com/net/org registry resulted in “add storms” that
significantly impacted the performance of the registry, and resulted in
connection limits on registrars as well as the separation of certain automated
registration requests into a separate pool of connections. Subsequently,
VeriSign proposed a new “Waiting List Service” (WLS) for the reallocation of
deleted names, first to the Registrars Constituency in December, 2001, then to
ICANN in March, 2002. The WLS was evaluated by the DNSO’s Transfers Task Force
in July, 2002, and then approved by the ICANN board in August, 2002.
In parallel to the discussion of the WLS,
in February, 2002, ICANN proposed the creation of a “Redemption Grace Period”,
to allow registrants to reclaim domain names deleted in error for up to thirty
days after deletion. The concept was endorsed by the ICANN Board in March,
2002, and further explored by a technical steering group, which posted its
report in June, 2002. The ICANN board approved the Redemption Grace Period in
June, 2002, and it was implemented by VeriSign in the .com and .net registries
in January, 2003.
1.2 Genesis of the Deletes Task Force
Following discussion of the WLS by the
Transfers Task Force, the Names Council determined that a number of broader
issues regarding the deletion of domain names existed, and should be explored
in greater depth. In order to identify the relevant issues, the Names Council
ordered the creation of an issues group during its teleconference on September 12, 2002 . The issues group, tasked
with identifying the most important aspects of deletions for further study, posted
its report on September 19, 2002, and identified four issue areas: (1) uniform delete practice
after domain name expiry by registrars, (2) deletion following a complaint on
WHOIS accuracy, (3) registry delete process, and (4) reversal of renewal transactions.
On October 4, 2002 the Names Council voted
unanimously to create a task force to formulate policy recommendations in the
four topic areas identified by the issues paper, and the terms of reference for
the task force was adopted by the Names Council at its Shanghai meeting on October 29, 2002.
1.3 Terms of Reference
The Deletes Task Force was chartered with
the following Terms of Reference:
1. determine whether a uniform delete process by
gtld registrars following expiry is desirable, and if so, recommend an
appropriate process
2. determine whether a uniform delete process by
gtld registrars following a failure of a registrant to provide accurate WHOIS
information upon request is desirable, and if so, recommend an appropriate
process
3. determine whether a uniform delete and
re-allocation process by registries following receipt of a delete command from
a registrar is desirable, and if so, recommend an appropriate process
4. determine
whether a uniform process for reversing errors in renewal commands without
requiring a delete operation is desirable, and if so, recommend an appropriate
process
1.4 Overview of Recommendations
This report provides policy
recommendations on the first two topic areas identified by the issues paper
and the task force’s Terms of Reference. The task force also believes that
further work needs to be pursued on the subject of a uniform registry
reallocation policy, and notes that some interest has been indicated in the
subject of warehousing of domain names by registrars. With regards to the
fourth issue, relating to the reversal of errors in the renew command, the task
force believes that no alterations in current policy or practice are required
at this time.
2.
FINDINGS
ON EACH ISSUE
2.1 Uniform delete practice after domain name expiry by registrars
Although most
domain names are renewed year to year, a significant number of registrations in
the gTLD registries are not renewed by the current registrant and are eligible
for deletion. Currently, a non-renewed name has to be affirmatively “deleted”
(as opposed to lapsing on its own) because the registry automatically renews a
domain name for another year on the date it is scheduled to expire (and bills
the associated registrar the annual registry fee). In current practice, if the
registrant has failed to pay its renewal fee or otherwise indicated that it
does not wish to renew the name, the registrar for that domain name has 45 days
after the automatic renewal in which to send a “delete” command to the registry
asking to have the domain name deleted. If the “delete” commend is sent within
the 45 day window, the registrar is credited back the annual registry fee from
the gTLD registry.
Given these
facts, you would assume that when a registrant fails to renew a domain name,
the registrar would make sure to delete the name within the 45 day window to
ensure a credit for the registry fee. However, in some cases, this does not
occur, and a registrar will decline or fail to issue the delete command within
the 45-day window. This results in a domain name that is perhaps not wanted by
the existing registrant (and in some cases, not registered to any individual or
company); at the same time, the name is not available for registration by any
individual or company through the majority of the registrars.
From the
perspective of a registrant, this presents a conundrum. A domain name that a
company wants to register may not be currently registered by anyone else but,
at the same time, it’s not eligible for a new registration. The prospective
registrant for such a name is left with no information on how to proceed or
even any idea of when the domain name might be deleted (some domain names have
been held by registrars for years). In some instances, whois information from
the original registrant remains in the whois database, even though that
registrant no longer wishes to own the domain name.
To solve these
and other associated problems, the task force recommends that registrars should
be required to delete domain names (in the absence of certain extenuating
circumstances) that the registrant has failed to renew. (ICANN’s new 30-day
Redemption Grace Period would apply to all such deletions.)
Additionally,
in order to provide registrants with a complete understanding of registrars'
deletion and renewal policies, the task force recommends that registrars inform
registrants of those policies at the time of registration, and maintains them
in a conspicuous place on their website. During the course of the task force’s
work, VeriSign launched their implementation of the Redemption Grace Period.
Although a large number of registrants have been able to restore their domain
names during the Redemption Grace Period, there has been some confusion
relating to the relatively high cost of such redemptions, which can be several
times more expensive than the usual cost of a domain name registration due to
higher registry costs and additional administrative burdens. To alleviate
confusion by registrants, the task force recommends that registrars clearly
define the fees associated with restoring a domain name during the Redemption
Grace Period.
The task force
also found that there is not a consistent policy between registrars in relation
to domain names that lapse while a UDRP claim is underway. Although it is
usually possible for a third party to pay the renewal fee for a domain name,
some cases may exist in which the original registrant may not wish to have the
domain name renewed. The ideal resolution to this would not result in
additional expense by the registrar, (e.g. simply forcing the registrar to
renew the domain name at their own expense) or the registry (to implement a
unique variation on the Redemption Grace Period for such names). The task
force proposes a policy that will allow complainants to pay for the restoration
or renewal of the domain name on the same terms that the existing registrant
would be allowed to. This policy gives the complainant the opportunity to pay
the renewal fee to prevent the domain name lapsing without obtaining any rights
to the domain name unless successful in its UDRP complaint. Under this
proposed policy, the registrar may theoretically collect (potentially large)
restoration fees from both the complainant and existing registrant for the same
domain name restoration or renewal. Although the task force believes that
registrars may ultimately provide refunds where it seems appropriate rather
than viewing this situation as a potential profit center, at some point in the
future it may be worthwhile to review registrar practices in this regard to
ensure fair treatment of both complainants and existing registrants.
2.2 Deletion following a complaint on WHOIS accuracy
The current
ICANN Registrar Accreditation Agreement requires registrars to maintain the
accuracy of WHOIS information, and to require a registrant to update inaccurate
information. Recent pressure on registrars to comply with the clause
above in response to complaints about the accuracy of WHOIS data, may have the
unintended consequence that it could be exploited by those that want to obtain
a domain name from a current registrant.
Much of this
problem is already under consideration by the Whois task force.
In order to
avoid overlap between the two task forces, the Deletes Task Force determined
that:
1. The scope of
the Whois Task Force is to determine under what circumstances a domain name
should be deleted for reasons relating to the domain's Whois data.
2. The scope of
the Deletes Task Force is to determine what happens to a domain name once it
has been deleted for reasons relating to the domains' Whois data.
In most
respects, a name deleted for reasons relating to inaccuracy of Whois data is
treated identically to a name deleted for any other reason. However, it
is important to prevent registrants from using the Redemption Grace Period to
simply re-instate names once they have been deleted, without providing accurate
Whois information. However, ICANN has recently adopted policies proposed
by the Whois Task Force that the Deletes Task Force believes should address
these concerns, so no policy action is required at this time.
2.3 Registry delete process
Currently, when
a registrar issues a delete command to a registry, registry operators have
various methods for actually deleting the name. As a result, registrants have
developed various approaches for predicting when deleted names will actually
become available for registration - although this isn't an exact science.
Typically some registrants (or registrars/resellers on their behalf) scan
changes in the zone file for an early warning that a domain name is about to be
deleted. They then send repeated add commands to the registry when they believe
that the name may become available. Over time this has led to performance
issues for both the registry operator and registrars, as many commands are
executed to try to obtain a deleted name. This current situation leads to two
possible issues to address.
Registrars and
internet users have suggested that they would like to see a uniform process for
the actual deletion of a domain name. In this process they would like to
see the registry operator periodically publish a list of names that are
scheduled for deletion, and an exact time or time range when the deletion will
occur.
The task force
believes that the recently adopted Redemption Grace Period (RGP) not only
provides registrants with crucial protection in the event of inadvertent
deletion or misunderstanding of deletion policy, but also provides significant
transparency into the deletion process as lists of names to be purged from the
registry's system are published on a regular basis. The task force feels
that the RGP, along with the existing Add Grace Period, provides an adequate
level of consistency and transparency in terms of registry deletion policy, and
does not recommend any other specific steps be adopted at this time.
Recently, some
confusion regarding expiration dates has arisen as a result of VeriSign's
implementation of the RGP.
In accordance
the recommendations of the ICANN Redemption Grace Period Technical Steering
Group, VeriSign began displaying the expiration date for domain names in the
.com and .net registries in conjunction with their implementation of the RGP.
Like other gTLD registries, VeriSign performs a one year auto-renew on expired
domains whether
or not the
registrar has received payment from the registrant. As a result, registrars
have been receiving numerous inquiries from confused registrants who do not
understand the seeming discrepancy between the expiry date of VeriSign and that
of the registrar.
Many registrars
have expressed support for the idea that if registries waited to automatically
renew the domain name and advance the expiry date until the end of the 45 day
grace period that this confusion could be avoided. However, registries believe
that other options may also exist and believe that some further study of the
issue is required before a solution is implemented. The task force is
supportive of changes that decrease confusion by registrants, and believes that
registries should be allowed to implement such a system if they elect to do so.
Once names are
deleted, the process by which they are re-allocated is currently
resource-intensive and may seem to be inequitable. VeriSign, the only
gTLD registry currently processing a significant number of deletions and
subsequent re-registration of domain names, proposed a "Waiting List
Service" in March, 2002, in which potential registrants would be offered
the opportunity to subscribe to a waiting list for a particular domain
name. In the event that the name were deleted while the waiting list
subscription remained active, the domain would not simply return to the pool of
available names, but would be automatically registered by the waiting list
subscriber. Although this service was given provisional approval by the
ICANN board in August, 2002, it has still not been implemented by
VeriSign. There may also be alternative approaches to the reallocation
process that are fairer, less resource-intensive, or both, than the current
reallocation mechanism. Unfortunately, these alternatives are not
necessarily well defined and there is very little real-world experience with
any reallocation mechanism, so the task force has been unable to make specific
evaluations or recommendations to date.
The task force
believes that there is significant interest in further study of uniform
reallocation of deleted names. However, the task force does not believe that
this issue can be satisfactorily resolved within the time frame of our original
charter. The task force suggests the Names Council to either recharter the
present task force to perform a more extensive analysis of this particular
issue or consider other mechanisms to further study this issue.
2.4 Reversal of renewal transactions
In order to correct
errors in billable transactions, the various registries provide certain grace
periods in which these transactions can be reversed and the cost of the
transaction credited back to the registrar. For example, registries
generally provide registrars with a 5 day Add Grace Period" in which a
name registered in error can be deleted, causing a full credit for the domain's
registration to be provided to the registrar.
Unfortunately,
the situation is somewhat more complicated in the area of renew transactions.
Because both the RRP and EPP protocols lack an "undo" function, a
registrar that performs an accidental renew command has no way to directly
reverse the transaction. The domain name can be deleted, resulting in a
credit for the renewal, but for domains that must remain active, this is not an
acceptable solution.
The task force
has found that this issue is primarily technical in nature. Although both
the RRP and EPP protocols lack an "undo" function that would allow
for the direct reversal of a renewal without deleting these domains, registries
generally have administrative procedures in place that allow for such
transactions to be reversed out-of-band. As a result, the task force sees
no need to take action on this issue.
In the event
that registries or registrars desire this capability to be added to the EPP
protocol, the task force believes that these changes are best pursued through
technical fora such as the IETF.
3.
RECOMMENDATIONS
As indicated above, specific policy
recommendations are limited to two of the four issues identified within the
original Issues Paper: Issue #1 (Uniform delete
practice after domain name expiry by registrars) and Issue #2 (Deletion
following a complaint on WHOIS accuracy). Recommendations related to Issue #1
have been separated into two sections; the first pertains to uniform deletion
practices for all domain names, while the second outlines policy
recommendations specific to names subject to a pending UDRP dispute.
3.1
Uniform
deletion practice after domain name expiry by registrars
3.1.1
At the conclusion of the registration period,
failure by or on behalf of the Registered Name Holder to consent that the
registration be renewed within the time specified in a second notice or
reminder shall, in the absence of extenuating circumstances, result in
cancellation of the registration by the end of the auto-renew grace period
(although registrars may choose to cancel the name earlier). As a mechanism
for enforcing this requirement, registries may elect to delete names for which
an explicit renew command has not been received prior to the expiration of the
grace period.
Extenuating
circumstances are defined as:
- UDRP action
- valid court order
- failure of a registrars renewal process (which does not include failure of a registrant to respond)
- the domain name is used by a nameserver that provides DNS service to third parties (additional time may be required to migrate the records managed by the nameserver)
- the registrant is subject to bankruptcy proceedings
- payment dispute (where a registrant claims to have paid for a renewal, or a discrepancy in the amount paid)
- billing dispute (where a registrant disputes the amount on a bill)
- domain name subject to litigation in a court of competent jurisdiction
- other circumstance as approved specifically by ICANN
Where a registrar chooses, under
extenuating circumstances, to renew a domain name without the explicit consent
of the registrant, the registrar must maintain a record of the extenuating
circumstances associated with renewing that specific domain name for inspection
by ICANN consistent with clauses 3.4.2 and 3.4.3 of the registrar accreditation
agreement.
3.1.2
In the absence of extenuating circumstances (as
definited in Section 3.1.1), a domain name must be deleted within 45 days of
either the registrar or the registrant terminating a registration agreement.
3.1.3
These requirements retroactively apply to all
existing domain name registrations beginning 180 days after the implementation
of the policy.
3.1.4
Registrars shall provide notice to each new
registrant describing the details of their deletion and auto-renewal policy
including the expected time at which a non-renewed
domain name would be deleted relative to the domain’s expiration date, or a
date range not to exceed ten days in length.
If a registrar makes any material changes to its
deletion policy during the period of the registration agreement, it must make
at least the same effort to inform the registrant of the changes as it would to
inform the registrant of other material changes to the registration agreement
(as defined in clause 3.7.7 of the registrars accreditation agreement)."
3.1.5
If a registrar operates a
website for domain name registration or renewal, details of its deletion and
auto-renewal policies must be clearly displayed on the website.
3.1.6
If a registrar operates a
website for domain registration or renewal, it should state, both at the time
of registration and in a clear place on its website, any fee charged for the
recovery of a domain name during the Redemption Grace Period.
3.2
Registrar deletion
practice after domain name expiry for domain names subject to a pending UDRP
dispute
3.2.1
In the
event that a domain which is the subject of a UDRP dispute is deleted or expires
during the course of the dispute, a complainant in the UDRP dispute will have
the option to renew or restore the name under the same commercial terms as
the registrant. If the complainant renews or restores the name, the name
will be placed in Registrar HOLD and Registrar LOCK status, the WHOIS contact
information for the registrant will be removed, and the WHOIS entry will indicate
that the name is subject to dispute. If the complaint is terminated, or the
UDRP dispute finds against the complainant, the name will be deleted within
45 days. The registrant retains the right under the existing redemption
grace period provisions to recover the name at any time during the Redemption
Grace Period, and retains the right to renew the name before it is deleted.
4.
OTHER
ISSUES
4.1
Domain name
warehousing
In the task force’s discussion of
registrars’ deletion practices, the subject of warehousing of domain names by
registrars was raised. Three specific modes of warehousing were identified:
(1) The registrant allows the domain name to lapse, but registrar fails
to delete the domain name during the grace period, resulting in a paid renewal
to the registry. The registrar subsequently assumes registration of the domain
name.
(2) The registrant purchases the domain name through fraud and the
registrar assumes registration of the name to resell in order to minimize
losses.
(3) The registrar registers the domain in its own name outright.
The task force believes that its current
set of recommendations deals with the first scenario described above. The
other scenarios are not clearly subject to the task force’s terms of reference,
and have not been fully explored by this group, nor have any policy
recommendations been made in their regard. The Names Council may wish to
explore these issues separately, or recharter this task force to explore one or
both of these scenarios.
4.2 Enforcement mechanisms
During discussion of specific policy
recommendations, various task force members raised the question of how these
recommendations would be enforced. One of the greatest boons of these
recommendations is that they provide greater consistency and transparency in
the deletion process. If the recommendations are not uniformly and universally
implemented, this consistency is undermined. Unfortunately, at present ICANN
relies on what has been referred to in the domain name industry as the “nuclear
threat” of deaccredidation and contract termination, with few more nuanced
mechanisms to ensure compliance. The task force believes that credible
enforcement mechanisms are an important component of the success of its
recommendations and considered making specific enforcement suggestions as part
of this report.
At the same time, the task force recognizes
that other task forces are making their own new policy recommendations, and
that there are existing elements of ICANN policy that would benefit equally
from vigorous enforcement. The task force believes that the ICANN community
would benefit from a consistent set of enforcement mechanisms, perhaps combined
with a categorization scheme that types of violations could be identified
with. (For example, lesser infractions might be considered type “B”
violations, with less severe penalties than more serious type “A” violations.)
5.
IMPACT
OF RECOMMENDATIONS
5.1 Registrars
Several of the policy recommendations may
require some registrars to make minor modifications to their existing policies
and practices. Additionally, the policy recommendations are likely to require
changes in the Registry Registrar Agreements and Registry Accreditation
Agreement as they are implemented. However, the recommendations are expected
to have low technical impact and cost, with a high level of acceptance. The
task force believes that all of its recommendations can be implemented within
180 days of their adoption.
5.2
Registries
The task force recommends that registries
adopt the Redemption Grace Period. This recommendation represents continuing
support for existing ICANN policy, and should not cause any incremental impact
upon registries.
As indicated above, the task force’s policy
recommendations are likely to require changes in the Registry Registrar Agreements,
and may require some enforcement by registries. The recommendations are
expected to have low technical impact and cost, with a high level of
acceptance. The task force believes that all of its recommendations can be
implemented within 180 days of their adoptions.
5.3 Registrants
The task force’s recommendation that
registrars be required to delete domain names by the end of the relevant
Renewal Grace Period should provide greater certainty about the treatment of
their domain names, but may result in less time to renew the name in some
cases. The recommendation to require conspicuous posting of deletion and
auto-renewal policies, both at the time of registration and on the registrar’s
website, should provide improved clarity and transparency for registrants.
The recommendation to require verification
of WHOIS data prior to the redemption of a name deleted following a complaint
on WHOIS data accuracy may make the redemption of such names a slightly more
complicated proposition and could lead to the permanent loss of a domain name.
Registrants who restore names under the
Redemption Grace Period will potentially face higher fees than they typically
pay for registration and renewal. For example, VeriSign recently implemented
the Redemption Grace Period for .com and .net at a cost of $85 in addition to
the usual $6 registry fee. In cases of registrar error, the registrar will
have the option of paying this fee instead of charging the registrant.
5.4 Other Internet Users
The task force recommendations that domain
names be deleted by the end of the relevant Renewal Grace Period and that
registrars conspicuously post deletion and auto-renew policies should provide
Internet users with greater transparency into the deletion process.
The recommendation requiring verification
of WHOIS data prior to the redemption of a name deleted following a complaint
on WHOIS data accuracy should lead to a general improvement of the reliability
of WHOIS data for Internet users.
5.5
UDRP Providers
The policy recommendations described in
Section 3.2.1 of this report will require that UDRP Providers verify the
expiration date of domain names subject to UDRP dispute and notify both
complainants and respondents if the name is likely to expire during the course
of the complaint. The task force has begun notifying UDRP providers of its
proposed changes. Based on initial feedback from the providers, it appears
that some providers may already be providing this notification, and that the
requirement is unlikely to be burdensome.
6.
OUTREACH
EFFORTS
A number of outreach efforts have been
performed to date.
6.1 Initial Outreach
·
All task force activities have been documented
on the public mailing list maintained at http://www.dnso.org/clubpublic/nc-deletes/Arc00/
and http://www.dnso.org/clubpublic/nc-deletes/Arc01/
.Task force members have circulated draft recommendations to their various
constituencies.
·
The draft recommendations and status of the task
force’s work has been communicated to the GNSO Council.
·
UDRP dispute resolution providers have been
contacted to assess the impact of Recommendation 3.2.1
6.2 Public Comments
The initial report of the task force was
published on the ICANN and GNSO website on February 12, 2003, and public comments on
the report were accepted from February 12 until March 3. A summary of the comments,
and the task force’s responses are included below:
(1) In two separate messages ( first /second ),
L. James Prevo comments on the high pricing on redeption grace period domain
name renewals, calling the redeption fee "the worst case of consumer
gouging I have ever seen in my life."
(2) "Krishna" writes to ask why the
redeption grace period pricing was put into effect without prior notice to
domain name registrants so they could "renew the domain name on time
before the Redeption period comes into picture."
(3) Marcia Wells also
writes to complain about the high
pricing on redeption grace period renewals, calling the fees "exploitative
and predatory."
TASK FORCE COMMENT ON 1, 2, and 3:
Comments on the fee to recover domain names
during the Redemption Grace Period are beyond the scope of the task force's
work. The ICANN Board recently
approved revisions to the
Verisign Registry Contract, allowing the new pricing model. The Task Force has
taken note of the pricing concerns, however, and will forward the comments
above to the ICANN General Counsel, the GNSO's Registrars Constituency, and the
GNSO's Registry Constituency.
(4) In separate messages ( first ,second ,third ),
Marcia Wells makes a number of
recommendations for consideration
by the task force, including: (a) providing registrants a means to expressly
disavow an intent to renew, thereby allowing the domain name to be cancelled
early or deleted promptly upon expiration; (b) ensuring that registrars inform
registrants of the fee they intend to charge for renewals during the redeption
grace period; and (c) requiring registrars to provide timely and repeated
notices to domain name registrants of the impending expiration of their domain
names. Ms. Wells also commented that the Deletions Task Force "lacks
representation in proportion to the impact of its recommendation."
TASK FORCE COMMENT ON 4:
The Task Force was grateful for the many
substantive suggestions contained in Ms. Wells' posts and took account of them
in its deliberations and revisions to the Task Force document. Specifically,
Ms. Wells' suggestion that "registrars inform registrants of the fee they
intend to charge for renewals during the redeption grace period" is now
included in the proposed recommendation. While the suggestion that registrars
provide "timely and repeated notices to domain name registrants of the
impending expiration of their domain names" is a good one, the Task Force
members noted that a requirement for at least two notifications is currently
included in the ICANN Registrar Accreditation Agreement.
(5) Danny Younger argues that Recommendation 3.1.2 is seriously flawed , as it allows a registrar discretion as to when
a domain name may be deleted within the forty-five days following its
expiration. He proposes a uniform policy whereby domain names are deleted only
on the 45th day following expiration.
TASK FORCE COMMENT ON 5:
Mr. Younger raises an issue
that the Task Force discussed early in its deliberations. At its initial
meetings, members of the Task Force appointed from constituencies composed of
users raised the same issue as Mr. Younger. The registrars, however, made the
point that given their various business models, some flexibility is needed
during this grace period. For example, registries bill the registrars for a
renewed domain promptly on its renewal date and then credit the renewal fee
back if the domain name is deleted within forty-five (45) days. While some
registrars are willing and financially able to front the registry fee on behalf
of a domain name registrant, not all registrars are in the same position. The
registrars expressed the strong concern that requiring them to bear the
registry fee would place an undue hardship on smaller registrars. Based
primarily on this concern, the Task Force compromised on the discretionary
window of 45 days, which will provide some uniformity and certainty while also
allowing those registrars who wish to do so to avoid the registry renewal fee
for domain names not renewed by the registrant. In order to provide
registrants with an understanding of their registrar’s deletion policies,
however, the task force has recommended that registrars provide registrants
with those policies, including a specific time after expiration at which names
will be deleted.
(6) Brian Cute, writing
on behalf of Network Solutions ,
believes that the recommendations of the task force will have a negative effect
on domain name registrants who oftentimes benefit from registrar grace periods
longer than 45 days. He suggests that the new rules would benefit prospective
registrants of expiring domain names at the expense of existing registrants,
which is the wrong emphasis.
TASK FORCE COMMENT ON 6:
During its deliberations, the
Task Force, including those members appointed from constituencies comprised of
users and registrants, took account of the concerns raised by Network Solutions.
On balance, the Task Force members believed that the greater certainty and
uniformity required by the recommended rules outweighs the benefits described
in Mr. Cute's contribution.
6.3 Implementation Committee
In response to concerns raised by ICANN’s
General Counsel with regards to the initial version of this resport, the DNSO
council created an implementation committee, chaired by Bruce Tonkin and
consisting of representatives from both registries and registrars as well as
members of the Deletes Task Force.
The implementation committee suggested a
number of revisions to the task force’s policy recommendations in order to make
them more practical to implement. The task force has subsequently reviewed
these proposed changes, and has agreed that they are positive refinements on
the original recommendations. As a result, the recommendations in this report
have been modified to reflect the changes proposed by the implementation
committee, with some minor changes proposed by members of the task force to
improve clarity or to ensure that the original intent of the task force’s
recommendations remains obvious.
7.
TASK
FORCE VOTE
The task force’s initial report was voted
upon prior to its publication. The report received supermajority approval from
the members of the task force. The following representatives voted in favor of
the report:
·
Commercial and Business Users Constituency
·
General Assembly
·
GTLD Registries Constituency
·
Intellectual Property Interests Constituency
·
Internet Service and Connectivity Providers
Constituency
·
Non-commercial Users Constituency
·
Registrars Constituency
The following representatives abstained:
·
ccTLD Registries Constituency
No dissenting votes were cast.
This final version of the report was also approved
by a supermajority of the members of the task force.
The following representatives voted in favor of the report:
· Commercial and Business Users Constituency
· GTLD Registries Constituency
· Intellectual Property Interests Constituency
· Internet Service and Connectivity Providers Constituency
· Non-commercial Users Constituency
· Registrars Constituency
The following representatives abstained:
· General Assembly
The following representatives voted against the report:
· ccTLD Registries Constituency
ANNEX A – GLOSSARY
Add Grace Period : A period of time (generally five days) provided by the registry
after a domain name’s initial registration in which it can be deleted,
resulting in a credit for the cost of the registration to the registrar.
Auto-renew Grace Period : A period of time (generally forty-five days) provided by the
registry after a domain name is automatically renewed in which it can be
deleted, resulting in a credit for the cost of the auto-renewal to the
registrar.
Renew Grace Period : A period of time (generally five days) provided by the registry
after a domain name is explicitly renewed by the registrar in which the name
can be deleted, resulting in a credit for the cost of the renewal to the
registrar.
Transfer Grace Period : A period of time (generally five days) provided by the registry
after a domain name is transferred between registrars during which the new
sponsoring registrar can delete the name, resulting in a credit for the cost of
the transfer to the new registrar.
ANNEX B – PROCESS AND TIMELINE
The timeline below represents the lifecycle
of a typical domain name that is registered for a single year, and never
renewed by the registrant.

As this timeline demonstrates, when the
domain “expires” a year after being registered, it is automatically renewed by
the registry. At this point it enters the Auto-renew Grace Period, during
which the registrar can delete the name and receive a full credit for the cost
of the renewal. By the end of the Auto-renew Grace Period, if the domain name
has not been renewed by the registrant, the registrar must submit a deletion
request for the name. At that point, domain will enter the Redemption Grace
Period, in which it may be restored if the deletion request has been made in
error. Only at the end of the Redemption Grace Period is the domain name
permanently removed from the registry database and made a part of the pool of
available names. (The Redemption Grace Period does not apply to names deleted
within the Add Grace Period, which extends through the first five days after
the domain’s initial registration.)