Re: [ga] Proposed Advisory

[Ross Rader <ross@xxxxxxxxxx>]

On 4-Dec-07, at 12:38 PM, Nevett, Jonathon wrote:

> I don't disagree that there can be an enforcement track and a policy
> track.  Unfortunately, ICANN staff's draft advisory is attempting to  
> go
> down the road of amending the terms of the Transfer Policy on the  
> issue
> of whether registrars may lock domain names for a period of time or
> require special provisions when a registrant changes Whois contact
> information just before a transfer request - often a precursor to  
> domain
> name hijacking.  Such policy work falls within the GNSO's mandate  
> and is
> well beyond the ICANN staff's authority.  If you don't like a certain
> business practice, you should seek a solution under the approved  
> policy
> process. The draft Advisory attempts to deny registrars a key tool in
> protecting registrants from fraud by changing policy outside the
> approved policy development process.

This is not only inaccurate, but also FUD. ICANN is tasked with  
enforcing its contracts. This policy is a part of that contract. ICANN  
has issued an advisory (draft form or otherwise) outlining how they  
are choosing to interpret that contract. And frankly, not only is it  
consistent with the wording and intent of the original transfers task  
force, but also of most everyone out there, save Network Solutions and  
GoDaddy.

We went through this circus with NSI on transfers the first time,  
specifically because we didn't like your business practice. I don't  
mind it if you choose not to abide by your contracts, but please don't  
try to tell me that this isn't a contractual issue between NSI and  
ICANN - at least not with a straight face.

> It's very easy to use words like "flagrant" and "clear" without any
> supporting facts


No, the fact that we regularly have to reach out to registrars like  
NSI on a personal basis and beg for a favor to have a name unlocked so  
that a customer can transfer a name away from you makes it easy to use  
words like "flagrant" and 'clear". Happy to provide as many specific  
examples as you can stomach.

Ross Rader
Director, Retail Services
t. 416.538.5492
c. 416.828.8783
http://www.domaindirect.com

"To solve the problems of today, we must focus on tomorrow."
- Erik Nupponen