[ga] ICANN Update: Implementation of New Consensus Policies Applicable to gTLD Registrars

["GNSO SECRETARIAT" <gnso.secretariat@xxxxxxxxxxxxxx>]

[To: council[at]gnso.icann.org; ga[at]gnso.icann.org]
[liaison6c[at]gnso.icann.org;announce[at]gnso.icann.org]


Please note ICANN's update:
Implementation of New Consensus Policies Applicable to gTLD Registrars

http://www.icann.org/announcements/announcement-21sep04-2.htm
21 September 2004

This announcement is an update concerning the implementation of four new
"Consensus Policies" applicable to ICANN-accredited gTLD registrars: the new
Expired Domain Deletion Policy, and the previously announced Inter-Registrar
Transfer Policy, Whois Marketing Restriction Policy, and Restored Names
Accuracy Policy.

Expired Domain Deletion Policy

Today ICANN announced the implementation of the Expired Domain Deletion
Policy (EDDP). This consensus policy defines a uniform deletes practice that
registrars must follow at the time of domain name expiry, as well as
specific requirements for registrar handling of expired names that are
subject to a UDRP dispute.

The EDDP was developed through ICANN's Generic Names Supporting Organization
in response to concerns in the community about registrar practices in
regards to deletion of expired names. In the past, some registrars have held
on to domain registrations that the original registrant did not act to
renew. With the new policy in place, all ICANN-accredited registrars will be
required to delete domain names by the conclusion of the 45 day auto-renewal
period that follows the expiration of a domain name, unless the registrant
has consented to have the domain names renewed.

Names deleted by registrars at the conclusion of any registrar grace period
following expiration will continue to be subject to the Redemption Grace
Period (RGP). The RGP is a thirty (30) day registry "hold" period for all
domain names deleted by registrars. This hold period is designed to allow
registrars the ability to "restore" names that were deleted accidentally or
without the intent of the registrant.

The EDDP will be effective beginning 21 December 2004. The complete text of
the policy is available at <http://www.icann.org/registrars/eddp.htm>.

Inter-Registrar Transfer Policy: Implementation Update

As announced previously, ICANN's new Inter-Registrar Transfer Policy will
become effective on 12 November 2004.

Under the new transfer policy, registrants will be safer from any risk of
having their domains transferred to another registrar without their consent,
and will have greater freedom to transfer their domains to an
ICANN-accredited registrar that offer them the best combination of service
and price.

Rules for Initiating Transfer Requests

In the past, some registrants complained that they were lured into
transferring their domains unintentionally as a result of deceptive
"renewal" notices from registrars. For an example of this sort of complaint,
see the U.S. Federal Trade Commission announcement dated 24 September 2003,
titled "Network Solutions Settles FTC Charges -- False Solicitations
Allegedly Duped Consumers to Transfer Domain Name Registrations"
<http://www.ftc.gov/opa/2003/09/networksolutions.htm>.


Under the new transfer policy, gaining registrars will be required to use a
clear standardized form of authorization to obtain the express consent of
the registrant prior to initiating a transfer. Also, under the new policy
gaining registrars will be obligated to obtain reliable evidence of the
identity of the registrant or administrative contact that has requested the
transfer using a digital signature, a unique code available only by e-mail
to the authorized administrative contact, a notarized statement, or a valid
driver license or passport.

Rules for Denying Transfer Requests

The new policy will prohibit registrars from denying outgoing transfers on
the basis of a registrant's alleged failure to "double-confirm" the
transfer. Under the old policy, some transfer requests that had already been
reliably authenticated by the gaining registrar were denied by the losing
registrar if technical problems, spam filters or language difficulties
resulted in a registrant missing a secondary confirmation e-mail from the
losing registrar. Losing registrars will still be able to send a message to
a registrant that has authorized an outgoing transfer, but a clear and
concise standardized form must be used, and the registrar will not be
allowed to deny the transfer if a response is not received from the
registrant.


Registrar-Lock Functionality

Registrars will still be able to use "registrar-lock" to give registrants
added assurance that their domains will not be transferred or modified
without their consent, but only if the registrar provides a readily
accessible and reasonable means for registrants to remove the lock if and
when the registrant decides to transfer.


New Mechanism for Resolution of Transfer Disputes

The new transfer policy includes a robust dispute resolution policy for
resolving disputes between registrars involving alleged violations of the
policy. As part of this mechanism, registries will be implementing a
"transfer undo" functionality in order to be able to efficiently reverse any
transfers initiated in violation of the policy.

Policy Details

The policy was developed through ICANN's consensus-based, bottom-up policy
development process. For more details, including the complete text of the
policy, of the dispute resolution policy, and copies of the approved
standardized forms, please visit <http://www.icann.org/transfers/>.

Whois Marketing Restriction Policy

Policy documentation is available at
<http://www.icann.org/registrars/wmrp.htm> .

Effective date is 12 November 2004.

Restored Names Accuracy Policy

Policy documentation is available at
<http://www.icann.org/registrars/rnap.htm> .

Effective date is 12 November 2004.

A complete overview of all Consensus Policies applicable to gTLD registrars
can be found at <http://www.icann.org/general/consensus-policies.htm> .

GNSO Secretariat