Transfer policy - Update and seeking comments

[farzaneh badii]

Hi Rafik,

Thanks so much for your response.

1. I can ask registrars about the common transfer fee and if they have any.
If anyone on NCSG list knows of registrars policies that charge transfer
fees, please let us know.

2. I think that is a great idea, but as you said it has this shortcoming.
We can put forward the suggestion non the less.

3. Generally more about whether the registrant is the owner of the domain
name. For example, instead of mentioning whether the registrar can deny
transfer if there is dispute over identity of the registrant, we should
mention over the ownership of the domain or use alternatives so that we do
not introduce "identification" of domain name registrants as an ICANN
purpose in the future.

Hope this helps and thanks so much for your help we appreciate NCSG's
feedback on this.

Farzaneh


On Wed, Mar 16, 2022 at 2:51 AM Rafik Dammak <rafik.dammak at gmail.com> wrote:

> Hi Farzaneh,
>
> thanks for those updates and questions:
> 1- regarding the fees,  I don't think or recall we have a policy related
> to pricing, applied by registrars. However unless there is legit or
> operational reason to be shared by registrars to have such a fee, I think
> in terms of right of choice for registrants we might discuss options to
> limit such restrictions. I am keen to hear more explanation before making
> any judgement.
> 2- with regard to wording, maybe instead of discussing specific term and
> debating what implies, it is better to list the cases/conditions that would
> require denying transfer? I assume a counter-argument is the list might not
> be exhaustive but I think from the operation side, contracted parties are
> able to come up with what they faced in practice.
> 3- Does the discussion about ownership come up in relation to the
> organization field and /or if an organization is the registrant?
> Hope that helps. any working group material would be welcome .
>
> Best,
>
> Rafik
>
>
> Le mar. 15 mars 2022 à 23:52, farzaneh badii <farzaneh.badii at gmail.com> a
> écrit :
>
>> Dear NCSG,
>>
>> I along with Wisdom are your reps on  the Transfer policy working group.
>> A lot of operational matters (which I shared with you some time ago) but
>> now two distinct topics are being discussed that I want to seek your advice
>> on:
>>
>> 1. Hefty transfer fee: apparently some domain name registrants have faced
>> hefty transfer fees when trying to transfer. How should we solve this
>> problem? It doesn't look like there is a policy for fee control I don't
>> even think that is possible in this group, but do you think there has to be
>> a clause somewhere that mentions that transfer fee should ideally not exist
>> or be waived or the registrant should be told about the transfer fee before
>> they register? How should we go about this? This causes some competition
>> issues as well since registrars can discourage people from transferring by
>> exerting hefty fees.
>>
>> 2. Adding abuse: one of the reasons to deny transfer is "fraud". It is
>> not very clear what is meant by that but now ICANN org suggested that there
>> should be some addition to fraud because registrars sometimes deny transfer
>> because of abuse too. Abuse is a loaded term and includes many things. Most
>> registries and registrars are in favor of adding abuse as a ground to deny
>> transfer. we don't agree because it is too loaded. We mentioned perhaps you
>> can say because of violation of registration agreement but some argue that
>> violation of registration agreement includes too many items some that are
>> not even in ICANN mission and it is too broad. I think that is a good
>> argument but now I don't have a solution or an alternative to abuse. What
>> do you think?
>>
>> 3. Identification v Ownership: this comes up in many ICANN policy
>> discussions. People think in order to verify ownership they have to
>> "identify" the domain name registrant. I am sceptical and find it even a
>> dangerous concept. I think there might be ways to verify ownership without
>> identification. Or at least not bring the "identification" issues to ICANN.
>> This is what I have been paying attention to always making sure that we
>> don't have "identification" where we don't need it. If you have any
>> comments on that please let me know.
>>
>>
>> P.S. I can't attend the meetings regularly but I will send updates as
>> much as I can when it comes to important decisions.
>>
>> Best regards,
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> Farzaneh
>>
>
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