RE: [registrars] RE: Acceptable Delivery Method (Fourth Draft of GAINING registrar form for transfers)

["Elana Broitman" <ebroitman@xxxxxxxxxxxx>]

Larry - just to be clear, what I mean by written proof can include electronic means, such as email.

Elana Broitman
Register.com
575 Eighth Avenue
New York, NY 10018
Phone (212) 798-9215
Fax   (212) 629-9309
ebroitman@xxxxxxxxxxxx 


-----Original Message-----
From: Larry Erlich [mailto:erlich@xxxxxxxxxxxxxxxxxx]
Sent: Friday, October 17, 2003 4:14 PM
To: Elana Broitman
Cc: registrars@xxxxxxxx; Bruce.Tonkin@xxxxxxxxxxxxxxxxxx
Subject: Re: [registrars] RE: Acceptable Delivery Method (Fourth Draft
of GAINING registrar form for transfers)


Legally you are correct. But
I think it goes against basic business practice
to require a customer who you have an existing 
relationship with to have to always fax something because it might
be needed after the fact for a dispute. 

The only protection should be for the gaining registrar who may need to feel
confident that the customer won't say they didn't
approve of the transfer for some reason. If they trust the customer at
their word, they should be able to, at their own risk,
not require written backup. 

This is really no different
then when you might call your favorite wholesaler
and say "Give me 3dz widgets and bill to the
credit card you have on file." It happens everyday
all over the country.  There is nothing to prevent the
"widget-orderer" from denying after the fact that
they placed the widget order. It is the word of one
person against the another if there is no written
backup. The way a large registrar
might want to design their system for these things,
because of the quality and training of their CS 
staff, is not going to be the same as a small registrar. 

Larry Erlich

Elana Broitman wrote:
> 
> even in the case of an existing relationship, I think you'll need written proof if there is any dispute later.
> as for fax #, you don't need it in the whois - presumably the gaining registrar can get that directly from the registrant, as long as the registrant or admin c
> 
> Elana Broitman
> Register.com
> 575 Eighth Avenue
> New York, NY 10018
> Phone (212) 798-9215
> Fax   (212) 629-9309
> ebroitman@xxxxxxxxxxxx
> 
> -----Original Message-----
> From: Larry Erlich [mailto:erlich@xxxxxxxxxxxxxxxxxx]
> Sent: Friday, October 17, 2003 11:07 AM
> To: Bruce Tonkin
> Cc: registrars@xxxxxxxx
> Subject: Re: [registrars] RE: Acceptable Delivery Method (Fourth Draft
> of GAINING registrar form for transfers)
> 
> Bruce Tonkin wrote:
> >
> > Hello Larry,
> >
> > >
> > > Is it possible for the gaining registrar approval "letter" to
> > > be delivered by a method other than email? If not, does this
> > > assume that if the registrant does not have a current email
> > > address with the losing registrar, or does not have any email
> > > access, they can't transfer registrar?
> > >
> >
> > We have yet to see the proposed contractual changes etc, but my
> > understanding of the policy development outcome was that you could send
> > the form to the registrant contact via:
> > - email, fax, or post
> > (it using the contact information available in the WHOIS).
> 
> Thanks. This seems to indicate that the fax # needs
> to be in the whois? Note that the fax is often
> not in the whois. Melbourneit.com, DomainRegistry.com, Godaddy.com
> don't have their fax # in the whois for example.
> 
> >
> > The issue with voice is probably one of proof.  Although I guess you
> > could record a conversation where a notice was read out and an
> > affirmative answer received.
> 
> I think that you need proof of the
> affirmative answer either in writing or electronically except
> in cases where the registrar has an existing relationship
> with a customer (meaning the "registrant" has an existing
> relationship - not a reseller).
> 
> >  You may then need some way of verifying
> > that the voice in the recording was the registrant.  It is all
> > technically possible - although an email is fairly cheap.
> 
> >
> > Regards,
> > Bruce

-- 
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Larry Erlich - DomainRegistry.com, Inc.
215-244-6700 - FAX:215-244-6605 - Reply: erlich@xxxxxxxxxxxxxxxxxx
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