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

[Thomas Keller <tom@xxxxxxxxxx>]

Larry I understand you reason, but how do you want to proof 
the legitimacy of a transfer if you don't have anything
on file? To put it differently I guess you (and your customer)
would loose every dispute, appeal etc. if you are not able to
show any facts.

Best,

tom

Am 17.10.2003 schrieb Larry Erlich:
> 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
> 
> -- 
> -----------------------------------------------------------------
> Larry Erlich - DomainRegistry.com, Inc.
> 215-244-6700 - FAX:215-244-6605 - Reply: erlich@xxxxxxxxxxxxxxxxxx
> -----------------------------------------------------------------
> 
> 

Gruss,

tom

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