AT-LARGE GATEWAY
At-Large Regional Policy Engagement Program (ARPEP)
At-Large Review Implementation Plan Development
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FR Interpreters:
Call Management: TBD
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AGENDA
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1 COMMENT
Steinar Grøtterød
Summary of BC Transfer Policy Working Group Call
(Submitted to the GNSO TPR PDP on Apr. 5, 2022)
Post-Creation Lock
Ten days is too short. Leave it at 60 days if possible. Maybe 30 days is a happy medium, but 60 days is still preferable. The longer the better from a trademark enforcement perspective as it prevents having to redo a UDRP or demand letter, and also assists with preventing registrar hopping when a registrar is asked to take enforcement proceedings against an infringing or unlawfully used domain name.
There may be an issue in shortening the period from a registrar’s perspective, in that a registrar customer may take advantage of promotional / loss-leader type pricing for the initial year and then the customer moves away to another registrar.
Change of Registrant Lock
The default rule should be a transfer lock following a change of registrant. However, a registrar should be required in a transparent manner, to enable a registrant, upon request to opt-out of the transfer lock or to reduce the transfer lock, rather then leave it to each registrar to decide whether they will generally permit opt-outs. Nevertheless, each registrar should retain discretion as to whether to permit a transfer even if the registrant has ostensibly opted out, for security reasons. A transfer lock should not prevent registrants and businesses from effecting bona fide transfers when necessary or desirable. There should be a fact-based rationale for the determination of the length of the default transfer lock, whether it is 60 or 30 days, for example. A BC member is looking to see whether Domain Abuse Activity Reporting data can provide any insight into the appropriate length for transfer locks.
Change of Registrar Lock
This lock does not appear to be of significant concern as it would usually coincide with a change of registrant lock. However, a registrant should not be prevented from transferring a domain name from one registrar to another, even after a recent registrar change, unless there is another type of lock at play.
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