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(*) Comments submitted after the posted Close Date/Time are not guaranteed to be considered in any final summary, analysis, reporting, or decision-making that takes place once this period lapses.

Inter-ˇRegistrar

Transfer

Policy

Part

B

–

Recommendation

#9

–

part

2

New

provision

on

when

and

how

domains

may

be

locked

or

unlocked

Public

comments

are

sought

(by

13

February)

to

changes

to

the

Inter-ˇ

Registrar

Transfer

Policy

(IRTP)

proposed

by

the

ICANN

staff,

at

the

request

of

the

GNSO.

Recommendation:

That

ALAC

supports

the

changes

proposed

by

ICANN

staff,

as

set

out

in

their

Proposal

of

22

November

2011

Background:

Because

this

policy

supports

the

process

whereby

registrants

can

transfer

their

domain

name

from

one

accredited

registrar

to

another,

this

is

of

concern

to

ALAC

–

representing

users

–

and

we

should

support

changes

that

clarify/enhance

user

rights.

The

specific

changes

proposed

are

about

‘domain

locks’

that

can

be

imposed

by

registrars

to

prevent

registry

changes

to

the

domain

name

that

the

registrant

does

not

intend

or

authorize.

‘Domain

locks’

are

mentioned

in

the

paper

SSAC

044:

A

Registrants

Guide

to

Protecting

Domain

Name

Registration

as

one

way

that

registrants’

rights

to

their

domain

name

can

be

protected.

However,

the

IRTP

recognizes

and

supports

the

right

of

a

duly

authorized

registrant

to

transfer

from

one

registrar

to

another.

(NB:

one

issue

in

the

proposed

policy

is

the

suggested

use

of

WHOIS

data

as

one

means

to

verify

the

authenticity

of

the

request

for

transfer

–

which

may

be

of

concern

given

the

significant

inaccuracy

of

WHOIS

data)

A

summary

of

what

is

proposed

by

the

ICANN

staff

is:

• Registrar

may

only

impose

a

lock

that

would

prohibit

transfer

of

the

domain

name

if

it

includes

in

its

registration

agreement

the

terms

and

conditions

for

imposing

such

lock

and

obtains

express

consent

from

the

Registered

Name

Holder:

and

• Registrar

must

remove

the

“Registrar

Lock”

status

within

five

(5)

calendar

days

of

the

Registered

Name

Holder’s

initial

request,

if

the

Registrar

does

not

provide

facilities

for

the

Registered

Name

Holder

to

remove

the

“Registrar

Lock”

status

Proposed

changes

The

specific

changes

proposed

are

as

follows:

The

new

clause

in

Part

3,

Clause

6-°©‐7

(Reasons

for

Denial)

is:

Express

objection

to

the

transfer

by

the

authorized

Transfer

Contact.

Objection

could

take

the

form

of

specific

request

(either

by

paper

or

electronic

means)

by

the

authorized

Transfer

Contact

to

deny

a

particular

transfer

request,

or

a

general

objection

to

all

transfer

requests

received

by

the

Registrar,

either

temporarily

or

indefinitely.

In

all

cases,

the

objection

must

be

provided

with

the

express

and

informed

consent

of

the

authorized

Transfer

Contact

on

an

opt-ˇin

basis

and

upon

request

by

the

authorized

Transfer

Contact,

the

Registrar

must

remove

the

lock

or

provide

a

reasonably

accessible

method

for

the

authorized

Transfer

Contact

to

remove

the

lock

within

five

(5)

calendar

days.

As

a

consequence

of

the

proposed

change

above

(more

fully

spelling

out

requirements

on

registrars),

under

the

list

of

when

a

requested

change

of

registrar

may

not

be

denied,

the

following

change

was

made:

• Domain

name

in““Registrar

Lock””status,

(the

following

is

now

deleted:

unless

the

Registered

Name

Holder

is

provided

with

the

reasonable

opportunity

and

ability

to

unlock

the

domain

name

prior

to

the

Transfer

Request.)

The

other

ICANN

proposed

change

is

to

section

5:

“Registrar

Lock”

Status

and

EPP

-°©‐

based

Registry

Requirements

for

Registrars.

Subject

to

ICANN

specifications

or

policies

and

any

applicable

laws

or

regulations,

Registrars

must

follow

the

requirements

set

forth

below….

Registrar

may

set

a

domain

name

in

“Registrar

Lock”

status

(or

with

the

EPP

status

code

“client

Transfer

Prohibited”)

upon

registration

or

subsequent

request

by

the

Registered

Name

Holder

provided

that

the

Registrar

includes

in

its

registration

agreement

and

obtains

express

consent

from

the

Registered

Name

Holder

the

terms

and

conditions

upon

which

it

locks

and

prohibits

transfer

of

the

domain

name.

Further,

the

Registrar

must

remove

the

“Registrar

Lock”

status

within

five

(5)

calendar

days

of

the

Registered

Name

Holder’s

initial

request,

if

the

Registrar

does

not

provide

facilities

for

the

Registered

Name

Holder

to

remove

the

“Registrar

Lock”

...

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