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Re: [registrars] Godaddy locks domains in for 60 days after a rant change


Hi,

I doubt that the migration through EPP will be easier, but that's
another discussion.

There should be a transfer working group that should meet from time
to time, but I haven't seen so far any proposal improvements of the
transfer policy, did I missed something? Any minutes?

It makes no sense to complain if the process to review the transfer
policy is still not working. On a general way, would it make sense to
add a Wiki on http://www.icannregistrars.org/ to make proposals?

Personal example of propositions:

- Enforce the obligation for the registrar to notify via email (ideally trough
  EPP command) potential gaining registrar in case of Nack with the reasons:

   "Upon denying a transfer request for any of the following reasons, the Registrar
   of Record must provide the Registered Name Holder and the potential Gaining Registrar
   with the reason for denial. The Registrar of Record may deny a transfer request only
   in the following specific instances:"

- Clarify the 60 days lock mechanisms, which includes the different remarks that
  we read the last months,

- Clarify the lock mechanisms to "secure", sometimes prevent transfers.

- Ask ICANN/registries to maintain an URL (or any other mechanisms) that will allow the
  registrants to obtain anytime their authinfos code as described in the policy.

I'm sure there are several more...

Regards,
Paul Lecoultre




Rob Hall wrote:
Ok .. I have a question. And this is in no way trying to say Godaddy is doing anything wrong here, nor comment on their procedures or policies, I am just taking a poke at what I hope is an obvious question. If the Lock in question is at the voluntary contractual provision level, and the registrant is "requesting you to review it", would you not always remove it upon request of the Registrant ? Or is the lock not voluntary ? (or I guess, one could say that once they have agreed to the contractual provision, it can not be undone ...) But on the broader note, I wonder aloud at which point a Registrar can impose it's own contractual provisions that override policies like the transfer policy. It would not be hard for a Registrar to put into place a non-transfer provision that lasts lets say 180 days, or a year after a renewal or other domain event. Or how about we just start charging a $50 admin fee to handle the transfer away. This fee would become due the second the transfer was applied for, so it would be a case of money owing on the existing domain registration which would allow for the transfer to be denied. hmmm. It seems to me that this may be a slippery slope to start down, given that the intent of the Transfer Policy is to facilitate and promote competition between Regsitrars. This has to be tempered with adequate security for our customers to ensure we are doing what they want. But I suspect that once we are in an auth-code world at the end of this month, that all should get much easier. The losing registrar should lose the ability to NAK a transfer at all, if the customer has provided a valid auth-code. Hopefully, we get to a place where the transfer is immediate, and domains can no longer be "locked" from transfering. If you have the code, it goes. If you don't, it doesn't. Then we will have a fair and open transfer system that promotes competition. But I suspect even this will take some time to work itself out. Rob.
------------------------------------------------------------------------
*From:* owner-registrars@xxxxxxxxxxxxxx [mailto:owner-registrars@xxxxxxxxxxxxxx] *On Behalf Of *Tim Ruiz
*Sent:* Friday, October 06, 2006 3:57 PM
*To:* Larry Erlich
*Cc:* Mark Jeftovic; Registrars Constituency; Richard Lau; markjr@xxxxxxxxxxx; jwesterdal@xxxxxxxxxxxxx *Subject:* RE: [registrars] Godaddy locks domains in for 60 days after a rant change

It may in some cases. While we try to build intelligent systems we haven't completely accomplished AI yet :) Basically, if the system thinks the ownership has changed, it will trigger the lock. However, if we're requested to review it and we find it was just something like correcting typos we will usually unlock it. In some cases we might do a little more due dilligence to be certain.

Tim


    -------- Original Message --------
    Subject: Re: [registrars] Godaddy locks domains in for 60 days after a
    rant    change
    From: Larry Erlich <erlich@xxxxxxxxxxxxxxxxxx>
    Date: Fri, October 06, 2006 10:11 am
    To: Tim Ruiz <tim@xxxxxxxxxxx>
    Cc: Mark Jeftovic <markjr@xxxxxxxxxxx>, Registrars Constituency
    <registrars@xxxxxxxxxxxxxx>, Richard Lau <richard@xxxxxxx>,
    markjr@xxxxxxxxxxx, tim@xxxxxxxxxxx, jwesterdal@xxxxxxxxxxxxx

    "I'm noticing that after a Godaddy user moves a domain to another
    Godaddy account, or changes the registrant info of a domain, they are
    enforcing a 60-day no transfer-out rule."

    Tim,

    If a registrant makes a minor typographical change to
    the registrant name is that enough for your system to
    trigger the lock?

    Larry Erlich

    http://www.DomainRegistry.com

    Tim Ruiz wrote:
     > Both are incorrect. It involves a separate and voluntary agreement
     > between us and the new registrant in regards to a completely
    optional
     > process. We have just as many customers who decide to transfer
    first,
     > then change the ownership. Our only concern is in protecting the
     > interests of our customers and ensuring secure transfers of
    ownership.
     >
     > Tim
     >
     >
     >     -------- Original Message --------
     >     Subject: Re: [registrars] Godaddy locks domains in for 60
    days after a
     >     rant    change
     >     From: Mark Jeftovic <markjr@xxxxxxxxxxx>
     >     Date: Thu, October 05, 2006 2:45 pm
     >     To: Richard Lau <richard@xxxxxxx>
     >     Cc: Registrars Constituency <registrars@xxxxxxxxxxxxxx>
     >
     >     Yes, somebody else mentioned that to me off list, to which I
    replied:
     >
     >     I think that's a liberal interpretation of this paragraph:
     >
     >     "A domain name is within 60 days (or a lesser period to be
    determined)
     >     after being transferred (apart from being transferred back to the
     >     original Registrar in cases where both Registrars so agree
    and/or where
     >     a decision in the dispute resolution process so directs)."
     >
     >     Because in the next section the exclusions specifically
    define the
     >     transfers as between registrars:
     >
     >     "Instances when the re! quested change of Registrar may not
    be denied
     >     include, but are not limited to: ...
     >
     >     Domain name registration period time constraints, other than
    during the
     >     first 60 days of initial registration or during the first 60
    days after
     >     a registrar transfer."
     >
     >     It could be that sloppy text in the first paragraph opened
    the door to
     >     this. If a registrar is worried about the change of
    registrant they
     >     should satisfy themselves before executing it, it's a
    separate issue
     >     from a registrar transfer.
     >
     >     This is just a tactic to try to keep the domain via auto-renew or
     >     hoping
     >     the new owner is lazy and forgets after 60days and just
    leaves it there.
     >
     >     -mark
     >
     >     Richard Lau wrote:
     >      > I could be wrong here, but I think the section where it says:
     >      >
     >      > A domain name is within 60 days (or a lesser period to be
    determined)
     >      > after being transferred (apart from being transferred back
    to the
     >      > original Registrar in cases wh! ere both Registrars so agree
     >     and/or where
     >      > a decision in the di spute resolution process so directs).
     >      >
     >      > is being interpreted as:
> > A domain name is within 60 days after being transferred. > > ... where the word "transferred" is used as transferred
    between two
     >      > different registrants at the same Registrar.
     >      >
     >      > Probably not what the author(s) intended, but as we all have
     >     seen, it's
     >      > the letter of the (ICANN) law, not the intent of the law, that
     >     counts.
     >      >
     >      > Just my guess.
     >      >
     >      > Richard
     >      >
     >      >
     >      > On Thu, 05 Oct 2006 14:24:58 -0400, "Mark Jeftovic"
     >     <markjr@xxxxxxxxxxx>
     >      > said:
     >      >
     >      >>I'm noticing that after a Godaddy user moves a domain to
    another
     >     Godaddy
     >      >>account, or changes the registrant info of a domain, they are
     >     enforcing
     >      >>a 60-day no transfer-out rule.
     >      >>
     >      >>I don't think that is permissable under the policy posted at
     >      >>
     >      >>http://www.icann.org/transfers/polic! y-12jul04.htm
     >      >>
     >      >>Which only provides that the losing registrar can deny a
    transfer
     >     if a
     >      >>domain is within 60 days of the initial reg period or 60
    days of a
     >      >>previous registrar transfer.
     >      >>
     >      >>Has this come up before?
     >      >>
     >      >>
     >      >>-mark
     >      >>
     >      >>--
     >      >>Mark Jeftovic <markjr@xxxxxxxxxxx>
     >      >>Founder & President, easyDNS Technologies Inc.
     >      >>ph. +1-(416)-535-8672 ext 225
     >      >>fx. +1-(866) 273-2892
     >      >
     >      >
     >
     >     --
     >     Mark Jeftovic <markjr@xxxxxxxxxxx>
     >     Founder & President, easyDNS Technologies Inc.
     >     ph. +1-(416)-535-8672 ext 225
     >     fx. +1-(866) 273-2892
>




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