[council] Post-Expiration Domain Name Recovery Recommendations for ICANN Board Consideration - call for comments

[Glen de Saint Géry <Glen@xxxxxxxxx>]

http://www.icann.org/en/announcements/announcement-15aug11-en.htm


Post-Expiration Domain Name Recovery Recommendations for ICANN Board 
Consideration

Comment Period Deadlines (*)

Important Information Links

Public Comment 
Box<http://www.icann.org/en/public-comment/pednr-board-recommendations-15aug11-en.htm>

Open Date:

15 August 2011

To Submit Your Comments (Forum)<mailto:pednr-board-recommendations@xxxxxxxxx>

Close Date:

15 September 2011

Time (UTC):

23:59 UTC

View Comments 
Submitted<http://forum.icann.org/lists/pednr-board-recommendations/>

Section I: Description, Explanation, and Purpose


The Generic Names Supporting Organization (GNSO) 
approved<http://gnso.icann.org/resolutions/#201107> at its meeting on 21 July 
2011 the recommendations on the Post-Expiration Domain Name Recovery Policy 
Development Process (PDP). The resolution, which is pending for Board action, 
proposes:

 *   Define 'Registered Name Holder at Expiration' (RNHaE) as the entity or 
individual that was eligible to renew the domain name registration immediately 
prior to expiration. If the domain name registration was modified pursuant to a 
term of the Registration Agreement authorizing the modification of registration 
data for the purposes of facilitating renewal but not at the explicit request 
of the registrant, the RNHaE is the entity or individual identified as the 
registrant immediately prior to that modification.
 *   For at least 8 consecutive days, at some point following expiration, the 
original DNS resolution path specified by the RNHaE, at the time of expiration, 
must be interrupted1 by the registrar, to the extent that the registry permits 
such interruptions 1, and the domain must be renewable by the RNHaE until the 
end of that period. This 8-day period may occur at any time following 
expiration. At any time during the 8 day period, the Registered Name Holder at 
Expiration may renew the domain with the Registrar and the Registrar, within a 
commercially reasonable delay, will restore the domain name to resolve to its 
original DNS resolution path prior to expiration. Notwithstanding, the 
Registrar may delete the domain at any time during the Autorenew grace period.
 *   If at any time after expiration when the Registered Name is still 
renewable by the RNHaE, the Registrar changes the DNS resolution path to effect 
a different landing website than the one used by the RNHaE prior to expiration, 
the page shown must explicitly say that the domain has expired and give 
instructions on how to recover the domain. Wording in the policy must make 
clear that ¡°instructions¡± may be as simple as directing the RNHaE to a 
specific web site.
 *   The RNHaE cannot be prevented from renewing a domain name registration as 
a result of WHOIS changes made by the Registrar that were not at the RNHaE.s 
request.
 *   The registration agreement must include or point to any fee(s) charged for 
the post expiration renewal of a domain name. If the Registrar operates a 
website for registration or renewal, it should state, both at the time of 
registration and in a clear place on its website, any fee(s) charged for the 
post-expiration renewal of a domain name or the recovery of a domain name 
during the Redemption Grace Period.
 *   The registration agreement and Registrar web site (if one is used) must 
clearly indicate what methods will be used to deliver pre- and post-expiration 
notifications, or must point to the location where such information can be 
found. What destination address/number will be used must also be specified, if 
applicable.
 *   Registrar must notify Registered Name Holder of impending expiration no 
less than two times. One such notice must be sent one month or 30 days prior to 
expiration (+/- 4 days) and one must be sent one week prior to expiration (+/- 
3 days). If more that two alert notifications are sent, the timing of two of 
them must be comparable to the timings specified.
 *   Unless the Registered Name is renewed or deleted by the Registrar, at 
least one notification to the RNHaE, which includes renewal instructions, must 
be sent after expiration.
 *   Notifications of impending expiration must include method(s) that do not 
require explicit registrant action other than standard e-mail receipt in order 
to receive such notifications.
 *   With the exception of sponsored gTLDs, all gTLD Registries shall offer the 
Redemption Grace Period (RGP). For currently existing unsponsored gTLDs that do 
not currently offer the RGP, a transition period shall be allowed. All new 
gTLDs must offer the RGP. As part of the implementation, ICANN Staff should 
consider the Technical Steering Group's Implementation Proposal (see 
http://www.icann.org/en/meetings/bucharest/redemption-topic.htm)
 *   If a Registrar offers registrations in a gTLD that supports the RGP, the 
Registrar must allow the Registered Name Holder at Expiration to redeem the 
Registered Name after it has entered RGP.
 *   A transfer of a domain name during the RGP should not be allowed.
 *   In the event that ICANN gives reasonable notice to Registrars that ICANN 
has published web content as described in PEDNR Recommendation #16:
    *   Registrars, who have a web presence, must provide a link to the ICANN 
content on any website it may operate for domain name registration or renewal 
clearly displayed to its Registered Name Holders at least as clearly as its 
links to policies or notifications required to be displayed under ICANN 
Consensus Policies.
    *   Registrars may also host similar material adapted to their specific 
practices and processes.
    *   Registrar must point to the ICANN material in a communication sent to 
the registrant immediately following initial registration as well as in the 
mandated annual WHOIS reminder.

Note: Some of these recommendations may need special consideration in the 
context of existing provisions in the Uniform Dispute Resolution Policy (UDRP), 
the proposed Uniform Rapid Suspension System (URS) or exceptions due to fraud, 
breach of registration agreement or other substantive reasons and the GNSO 
Council, therefore, recommends that such considerations are taken into account 
as part of the implementation of these recommendations, once adopted.

 *   The GNSO Council recommends the following best practices for promotion by 
ICANN and the Registrar Stakeholder Group:
    *   If post-expiration notifications are normally sent to a point of 
contact using the domain in question, and delivery is known to have been 
interrupted by post-expiration actions, post-expiration notifications should be 
sent to some other contact point associated with the registrant if one exists.
    *   The notification method explanation should include the registrar's 
email address from which notification messages are sent and a suggestion that 
registrants save this email address as a 'safe sender' to avoid notification 
emails being blocked by spam filter software.
    *   Registrars should advise registrants to provide a secondary email point 
of contact that is not associated with the domain name itself so that in case 
of expiration reminders can be delivered to this secondary email point of 
contact.
 *   The GNSO Council recommends that ICANN, in consultation with Registrars, 
ALAC and other interested parties, will develop educational materials about how 
to properly steward a domain name and how to prevent unintended loss. Such 
material may include registrant responsibilities and the gTLD domain life-cycle 
and guidelines for keeping domain name records current. (PEDNR Recommendation 
#16).
 *   ICANN Compliance is requested to provide updates to the GNSO Council on a 
regular basis in relation to the implementation and effectiveness of the 
proposed recommendations, either in the form of a report that details amongst 
others the number of complaints received in relation to renewal and/or 
post-expiration related matters or in the form of audits that assess if the 
policy has been implemented as intended.
 *   The GNSO Council shall convene a PEDNR Implementation Review Team to 
assist ICANN Staff in developing the implementation details for the new policy 
should it be approved by the ICANN Board. The Implementation Review Team will 
be tasked with evaluating the proposed implementation of the policy 
recommendations as approved by the Board and is expected to work with ICANN 
Staff to ensure that the resultant implementation meets the letter and intent 
of the approved policy. If the PEDNR Implementation Review Team identifies any 
potential modifications to the policy or new PEDNR policy recommendations, the 
PEDNR Implementation Review Team shall refer these to the GNSO Council for its 
consideration and follow-up, as appropriate. Following adoption by the ICANN 
Board of the recommendations, the GNSO Secretariat is authorized to issue a 
call for volunteers for a PEDNR Implementation Review Team to the members of 
the PEDNR Working Group.

You are invited to submit your comments on these recommendations until 15 
September before final consideration by the ICANN Board.

Section II: Background


At the ICANN Meeting in Cairo in November 2008, the At-Large Advisory Committee 
(ALAC), voted to request an Issues Report on the subject of registrants being 
able to recover domain names after their formal expiration date. The ALAC 
request was submitted to ICANN policy staff and the GNSO Council on 20 November 
2008. The Issues Report on Post-Expiration Domain Name 
Recovery<http://gnso.icann.org/issues/post-expiration-recovery/report-05dec08.pdf>
 [PDF, 422 KB] was submitted to the GNSO Council on 5 December 2008. The GNSO 
Council initiated a PDP<http://gnso.icann.org/resolutions/#200905> on 7 May 
2009 and tasked a Working Group to answer the following charter questions:

 *   Whether adequate opportunity exists for registrants to redeem their 
expired domain names;
 *   Whether expiration-related provisions in typical registration agreements 
are clear and conspicuous enough;
 *   Whether adequate notice exists to alert registrants of upcoming 
expirations;
 *   Whether additional measures need to be implemented to indicate that once a 
domain name enters the Auto-Renew Grace Period, it has expired (e.g., hold 
status, a notice on the site with a link to information on how to renew, or 
other options to be determined);
 *   Whether to allow the transfer of a domain name during the RGP.
The Post-Expiration Domain Name Recovery (PEDNR) PDP Working Group started its 
deliberations in July 2009. The WG published an Initial 
Report<http://gnso.icann.org/issues/pednr/pednr-initial-report-31may10-en.pdf> 
[PDF, 1.02 MB], a Proposed Final 
Report<http://gnso.icann.org/issues/pednr/pednr-proposed-final-report-21feb11-en.pdf>
 [PDF, 972 KB] and submitted its Final 
Report<http://gnso.icann.org/issues/pednr-final-report-14jun11-en.pdf> [PDF, 
999 KB] to the GNSO Council on 14 June 2011. The GNSO Council unanimously 
approved all the recommendations contained in the Final Report at its meeting 
on 21 July 2011.

Section III: Document and Resource Links


 *   GNSO Council Resolution on the Adoption of the PEDNR Final Report and 
Recommendations<http://gnso.icann.org/resolutions/#201107>
 *   PEDNR Final 
Report<http://gnso.icann.org/issues/pednr-final-report-14jun11-en.pdf> [PDF, 
998 KB]
 *   PEDNR PDP Proposed Final 
Report<http://gnso.icann.org/issues/pednr/pednr-proposed-final-report-21feb11-en.pdf>
 [PDF, 972 KB]
 *   PEDNR PDP Initial 
Report<http://gnso.icann.org/issues/pednr/pednr-initial-report-31may10-en.pdf> 
[PDF, 1.02 MB]

Section IV: Additional Information

None

Staff Contact:

Marika Konings

Email:

policy.staff@xxxxxxxxx<mailto:policy.staff@xxxxxxxxx?subject=More%20information%20on%20the%20Post-Expiration%20Domain%20Name%20Recovery%20Recommendations%20for%20ICANN%20Board%20Consideration%20public%20comment%20period>








Glen de Saint Géry

GNSO Secretariat

gnso.secretariat@xxxxxxxxxxxxxx

http://gnso.icann.org