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RE: [registrars] FYI re: Transfers




Here is the utterly incomprehensible phrase that jumps out twice in this
document:

> the domain name is in the registration
> period after expiration, 

What is the "registration period after expiration"?

The complete phrase isn't used, because the nonsense becomes clearer.  If
you ask yourself, "The registration period after expiration of what?" you
realize that what the ICANN proposed advisory is saying here is:

--the registration period after expiration of the registration period--

Oh, THAT registration period...

Consider the sequence of events described in Weingrad v. Telepathy et al.,
which involved a domain name that the Registrant allowed to slide into the
RGP, and then still demanded transfer of the domain name while refusing to
pay the RGP fee.  The story begins at page 4:

http://wwww.johnberryhill.com/weingrad.pdf


>  2. A registrant change to Whois information is not a 
> valid reason to deny a transfer request. 

So, Registrars are to verify whois data UNLESS the Registrant providing
fraudulent whois data is requesting transfer of the domain name.  In that
case, forget about verifying whois data, and let the hi-jacker, who obtained
the account login information and changed the WHOIS yesterday, run with the
name.

We now have an exception to the general obligation to implement reasonable
policies to obtain correct whois data.

Is there a "Deadbeats and Hijackers Constituency" driving these
"clarifications"?





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