RE: [registrars] Fourth draft of transfer form for LOSING registrars

["Siegfried Langenbach" <svl@xxxxxxx>]

Dear Elana et all,

after consulting a lawyer...
if the gaining registrar presents a written statement (not email) that he 
is authorised to represent the registrant that would be fine.

the real problem is:
If I confirm a transfer without the agreement of the registrant I will be 
liable in case the gaining registrar do not have the agreement from the 
registrant (which did happen too often), i.e. that way the risc is shiftet 
from the gaining to the losing registrar.

siegfried


On 15 Oct 2003 at 11:18, Elana Broitman wrote:

Subject:        	RE: [registrars] Fourth draft of transfer form for LOSING registrars
Date sent:      	Wed, 15 Oct 2003 11:18:11 -0400
From:           	"Elana Broitman" <ebroitman@xxxxxxxxxxxx>
To:             	<svl@xxxxxxx>,
	"Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
Copies to:      	<registrars@xxxxxxxx>

> Siegfried - does that include a situation where there is an explicit registrar confirmation to the GAINING Registrar?  Can the LOSING Registrar rely on this?  If yes, how explicit must that be? Must it be produced to the LOSING Registrar before the transfer is allowed?
> 
> Thanks
> 
> Elana Broitman
> Register.com
> 575 Eighth Avenue
> New York, NY 10018
> Phone (212) 798-9215
> Fax   (212) 629-9309
> ebroitman@xxxxxxxxxxxx 
> 
> 
> -----Original Message-----
> From: Siegfried Langenbach [mailto:svl@xxxxxxx]
> Sent: Wednesday, October 15, 2003 5:22 AM
> To: Bruce Tonkin
> Cc: registrars@xxxxxxxx
> Subject: Re: [registrars] Fourth draft of transfer form for LOSING
> registrars
> 
> 
> Hallo,
> 
> I want to repeat something I already said in Rio:
> 
> according to german law (and I guess some other EU-law also) I 
> have a problem to ACK a outgoing transfer without explicit answer 
> of the registrant (the law is assuming consumer protection).
> 
> If ICANN accepts the regulation in which no answer from the 
> customer is treated as a YES, I will have to ask the german court for 
> a decision (in germany the loosing party pays all the court and 
> lawyer fees).
> 
> I have to do this as a self-protection act.
> I still wonder why a better working process (auth_code) is not 
> used...
> 
> Respectfully
> Siegfried Langenbach 
>  
> Computer Service Langenbach GmbH (CSL GmbH)
> GERMANY
>  
> 
> 
> 
> 
> 
> On 15 Oct 2003 at 18:54, Bruce Tonkin wrote:
> 
> Subject:        	[registrars] Fourth draft of transfer form for LOSING registrars
> Date sent:      	Wed, 15 Oct 2003 18:54:34 +1000
> From:           	"Bruce Tonkin" <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
> To:             	<registrars@xxxxxxxx>
> 
> > 
> > Hello All,
> > 
> > Below is an updated version.  This version will be discussed by a
> > meeting of the ICANN staff Transfers Assistance Group later this week.
> > 
> > Note this form is for use by losing registrars after they receive
> > notification of a transfer from the registry.  The losing registrar may
> > contact the registrant to confirm whether they have authorised a
> > transfer.  It is entirely optional for a losing registrar to send the
> > form.
> > 
> > The changes include:
> > - adding the ability to include multiple domain names
> > - some wording improvements suggested by Thomas Roessler (At Large
> > Advisory Committee)
> > 
> > Further comments welcome.
> > 
> > Regards,
> > Bruce
> > 
> > 
> > ************************************************************************
> > ******************
> > 
> > An English version of this message is contained below.
> > 
> > <Insert translation of English version in preferred language of the
> > registrant if known>
> > 
> > ENGLISH VERSION
> > 
> > DOMAIN NAME TRANSFER 
> > 
> > Attention: <insert Registrant or Administrative Contact of Record as
> > listed in the WHOIS>
> > 
> > Re: Transfer of <insert domain name or list of domain names>
> > 
> > <insert name of registrar and/or name of reseller> received notification
> > 
> > on <insert date of notification> that you have requested 
> > a transfer to another domain name registrar. 
> > 
> > If you want to proceed with this transfer, you do not need to respond to
> > this message.
> > 
> > If you wish to cancel the transfer, please contact us before <insert
> > date> by:
> > 
> > [Note the following contact methods are optional and the order of
> > presentation is at the choice of the registrar]
> > 
> > [optional] send an email to <insert contact details>
> > 
> > [optional] send a fax to <insert contact details>
> > 
> > [optional] or please go to our website <insert URL of confirmation
> > webpage> 
> > [Note: website to contain text as above, with the option to confirm or
> > deny the transfer.]
> > 
> > If we do not hear from you by <insert date>, the transfer will proceed.
> 
>