Request for Input regarding a transfer policy recommendation

[Ken Herman]

Hello NCSG Members

 

I seek input on one of the transfer policy recommendations, specifically
regarding transfer restrictions after an inter-registrar transfer.

 

Background Summary:

 

In its recommendation 18, the working group recommends requiring registrars
to impose a transfer restriction of 30 days (expressed as 720 hours for
clarity) following a transfer. In other words, if I transfer a domain to a
new registrar, then I must wait for 720 hours before any further transfer
can occur.

 

So far so good, and most stakeholder groups seem to accept this restriction
as an important security mechanism. 

 

The issue has to do with provisions within the recommendation that allow for
lifting the restriction under certain conditions. 

 

The NCSG comments for this recommendation supported the transfer restriction
as well as the ability to lift it but suggested that there be specific
conditions under which the restriction can be lifted and out comment
enumerated those conditions. The original recommendation text simply
required that the "request includes a reasonable basis for removal of the
restriction". 

 

The NCSG, in its comment, noted that "reasonable request" was too vague to
be of value (or words to that effect).

 

Question:

 

1.	Is it useful in a policy document to enumerate specific conditions? 

 

Some working group members suggest that enumerating conditions will limit
the policy to those specific conditions, and therefore any additional ones
may require a policy review. But others disagree, indicating that the
conditions mentioned in the policy can serve as examples which provide
guidance to compliance should there be a question as to whether the policy
was applied correctly.

 

2.	Referring to the original and revised text below, my suggestion is
to retain, in 18.3, at the very least points (i), (ii) and (v). Furthermore,
condense points (iii) and (iv) into one that refers to issues regarding the
acquisition of domain names. Do you (a) agree with my suggested proposed
text, or (b) is there some other formulation or (c) do you believe the
original text to be sufficient?

 

The original and revised text is below. The crux of the issue is 18.3

 

I look forward to thoughts you may have.

 

Thanks

 

Ken

 

 

INITIAL REPORT LANGUAGE

Recommendation #18 - Transfer Restriction After Inter-Registrar Transfer

 

The Registrar MUST restrict the RNH from transferring a domain name to a new
Registrar within 30 calendar days / 720 hours of the completion of an
inter-Registrar transfer. To the extent that a Registry and/or Registrar has
an existing policy and/or practice of restricting the RNH from transferring
a domain name to a new Registrar for a different period of time following an
inter-Registrar transfer, all policies and practices MUST be updated to be
consistent with this new requirement. However, the working group recognizes
that there may be situations where early removal of the 30-day restriction
described in Recommendation 18 is appropriate. Accordingly, the Registrar
MAY remove the 30-day inter-Registrar transfer restriction early only if all
of the below conditions are met:

 

18.1:  The Registrar MUST be able to demonstrate that it received a specific
request to remove the 30-day restriction from the Registered Name Holder; 

 

18.2:  The Registrar MUST ensure the request to remove the restriction was
requested by the Registered Name Holder;

 

18.3: The specific request includes a reasonable basis for removal of the
restriction; and

 

18.4:  The Registrar MUST maintain a record demonstrating the request to
remove the restriction (regardless of outcome) for a period of no fewer than
fifteen (15) months following the end of the Registrar's sponsorship of the
registration.

 

 

Revised Recommendation 18:

The Registrar MUST restrict the RNH from transferring a domain name to a new
Registrar for 720 hours from the completion of an inter-Registrar transfer.
Accordingly, the Registrar MAY remove the 720-hour inter-Registrar transfer
restriction early only if all of the below conditions are met:

 

18.1:  The Registrar MUST be able to demonstrate that it received a specific
request to remove the 720-hour restriction from the Registered Name Holder;

 

18.2:  The Registrar MUST ensure the request to remove the restriction was
requested by the Registered Name Holder;

 

18.3: The specific request includes a reasonable basis for removal of the
restriction, which [includes but is not] limited to [(i) well informed,
documented, clearly intentional request by the registrant; (ii) mutual
agreement between the prior and current Registrar of a transfer back to the
prior Registrar;] (iii) legitimate circumstances surrounding an escrow
intermediary affecting the completion of the acquisition of the involved
registered domain name; (iv) to complete documented registered domain name
acquisition (aftermarket purchase, portfolio consolidation, or bona fide
purchase); (v) intentional release of the registered domain name that had
transferred to the Registrar where it becomes evident the domain name use
would be in violation of the Registrar's Acceptable Use Policy (AuP), Terms
of Service (ToS), or local law or other similar governance.

 

18.4:  The Registrar MUST maintain a record demonstrating the request to
remove the restriction (regardless of outcome) for a period of no fewer than
fifteen (15) months following the end of the Registrar's sponsorship of the
registration.

 

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