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PROPOSED AGENDA
i1) In light of these challenges described in section 3.1.7.2 of the Final Issue Report [gnso.icann.org], should the required fee in Section I.B.2 of the Transfer Policy be revisited or removed in certain circumstances?
i2) Should the scope of voluntary bulk transfers, including partial bulk transfers, be expanded and/or made uniform across all registry operators? If so, what types of rules and considerations should govern voluntary bulk transfers and partial bulk transfers? Should proposed BTAPPA updates apply to:
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3. Outstanding question re: EPDP Phase 1,Rec. 27 Wave 1 Report– Transfer Dispute Resolution Policy
4. AOB BACKGROUND DOCUMENTS |
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Apologies: Sarah Wyld (RrSG), Jothan Frakes (RrSG), Juan Manuel Rojas (NCSG), Osvaldo Novoa (Council Liaison), Jody Kolker (RrSG), Raymond Mamattah (At-Large) Alternates: Rich Brown (RrSG), Heidi Revels (RrSG), Ken Herman Christopher Patterson (NCSGRrSG) |
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Chat Transcript Transcript (see zoom recording → chat tab) GNSO transcripts are located on the GNSO Calendar |
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Notes/ Action Items ACTION ITEMS/HOMEWORK:
NOTES: 1.Welcome and Chair updates
2.Continued discussion of Charter Question i1 (Full Portfolio Transfers AKA Bulk Transfers) and Charter Question i2 (Change of Sponsorship AKA Partial Bulk Transfers) Discussion of updated recommendations [docs.google.com] (updated as a result of last week’s meeting): i1) In light of these challenges described in section 3.1.7.2 of the Final Issue Report[gnso.icann.org], should the required fee in Section I.B.2 of the Transfer Policy be revisited or removed in certain circumstances? Full Portfolio Transfers Prelim Rec. #xx.1: (i) The Working Group recommends that a Registry Operator MAY charge a fee to implement a full domain name portfolio transfer of 50,000 or more domain namesfrom one ICANN-accredited registrar to another ICANN-accredited registrar, provided the conditions described in sections I.B.1.1 and I.B.1.2 are satisfied. (ii) The Registry MAY waive the fee associated with full portfolio transfers; however, in full portfolio transfers resulting from an involuntary registrar termination, i.e., where a registrar is terminated by ICANN due to non-compliance with the Registrar Accreditation Agreement, the Working Group recommends the Registry MUST waive any fee associated with a full portfolio transfer. Discussion:
Prelim. Rec. #xx.2: The Working Group recommends retaining both (i) the current minimum number of domain names that trigger the fee at 50,000 names and (ii) the current price ceiling of USD $50,000. If the full portfolio transfer involves multiple Registry Operators, the affected Registry Operators MUST ensure the collective fee does not exceed the recommended ceiling of USD $50,000, and the fee MUST be apportioned based on the number of domain names transferred. Discussion:
Partial Portfolio Transfers Prelim. Rec. #xx.1: The Working Group recommends that [the standard Bulk Transfer After Partial Portfolio Acquisition (BTAPPA)] be expanded to include circumstances where an agent of the Registrar, such as a Reseller or service provider, elects to transfer its portfolio of domain names to a new gaining registrar, and the registration agreement explicitly permits the transfer. Discussion:
Prelim. Rec. #xx.2: The Working Group recommends that in the event a change of sponsorship is permitted by the Registry Operator, Registrars shall either notify or ensure their Resellers (where applicable) notify affected Registrants approximately one month* before the change of sponsorship is expected to occur. This notification must provide instructions on (i) how to opt out (if applicable) (ii) how to transfer the name to a Registrar other than the Gaining Registrar [by x date] if desired], (iii) the expected date of the change of sponsorship, (iv) the name of the Gaining Registrar, and (v) a link to the Gaining Registrar’s (or their Reseller’s) terms of service
Discussion:
Prelim. Rec. #xx.7: In the case of a change of sponsorship, the Losing Registrar MAY have to prevent certain locked domain names from proceeding with the sponsorship change: specifically, names that are locked due to: (i) Pending UDRP proceeding that the Registrar has been notified of by the Provider in accordance with the UDRP Rules, (ii) a court order by a court of competent jurisdiction, (ii) a pending dispute under the Transfer Dispute Resolution Policy, or (iv) Pending URS proceeding or URS suspension that the Registrar has been notified of by the Provider in accordance with the URS Procedure. Rationale: The Working Group notes that the majority of domain name locks, including registrant-applied locks and EPP lock statuses, will remain in place following a change of sponsorship/BTAPPA scenario. However, domain names with locks applied as a result of the above specifically-named dispute proceedings/court orders involve jurisdictional challenges, and accordingly, will not be transferred to the Gaining Registrar. Discussion:
Prelim. Rec. #xx.8: In the case of a change of sponsorship, the Gaining Registrar MUST NOT impose a new inter-registrar transfer lock preventing affected registrants from transferring their domains to another Registrar. Rationale: The Working Group notes that a change of sponsorship is not initiated by registrants and does not affect their domain name expiration dates; therefore, the transfer lock that would otherwise follow a typical inter-registrar transfer should not apply in this instance. Transfer locks that are triggered by other means set out in the Transfer Policy would still apply. Discussion:
Meeting concluded |