[ga] GoDaddy & Nacked Transfers

[Danny Younger <dannyyounger@xxxxxxxxx>]

Most of us remember the serious community-wide effort that went into fashioning 
the Transfers Consensus Policy.  It's a good policy designed to promote facile 
domain name portability, and overall the policy has been effective...

Looking at the July 2009 .com/.net report we see that the medium number of 
transfers nacked was "zero" while the average was 1.7 per registrar.

We also see that the Godaddy "family" managed to nack 10,437 transfers that 
month.  

While you may draw your own conclusions, I see that something is clearly wrong 
with this picture.

Compliance Staff has argued that Godaddy is not in violation of the letter of 
the Policy.  I contend that if the spirit of the policy is being violated, then 
we indeed have an outstanding issue that still needs to be addressed.

In the context of the work being done in the RAA amendments WG, the issue comes 
down to this:  we cannot craft legal language that will effectively guard 
against every possible loophole that registrars will choose to exploit (and it 
takes way too long to craft amendments to a consensus policy to address these 
loopholes).  

So how then are we to proceed?  How do we protect ourselves from abusive 
registrar self-interest?  Suggestions would be welcome.