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Comment/Reply Periods

Important Information Links

Comment Open:

23 January 2012

Comment Close:

13 February 2012

Close Time (UTC):

23:59

Reply Open:

14 February 2012

Reply Close:

6 March 2012

Close Time (UTC):

23:59

Brief Overview

Originating Organization:

ICANN Board

Categories/Tags:

  • Policy Processes
  • ICANN Board/Bylaws
  • Contracted Party Agreements

Purpose (Brief):

Public notice is hereby provided of the proposed change to the Inter-Registrar Transfer Policy (IRTP) to address the locking and unlocking of domain names that is considered for adoption as well as an opportunity to comment on the adoption of the proposed policy change, prior to ICANN Board consideration.

Current Status:

Following adoption by the Generic Names Supporting Organization (GNSO) Council of IRTP Part B Recommendation #9, part 2, a public comment forum is now opened as required by the ICANN Bylaws prior to ICANN Board consideration.

Next Steps:

Following the closing of the public comment period, the ICANN Board will consider the comments received in conjunction with its consideration of the proposed change to the IRTP.

Staff Contact:

Marika Konings

Email:

Policy-staff@icann.org

Detailed Information

 

Section I: Description, Explanation, and Purpose

The Inter-Registrar Transfer Policy Part B presented its recommendations to the GNSO Council last year. For one of those recommendation, #9 part 2 ("denial reason #7 should be replaced by adding a new provision in a different section of the IRTP on when and how domains may be locked or unlocked concerning a new provision to lock and unlock domain names"), the GNSO Council requested ICANN staff to provide a proposal. In consultation with the IRTP Part B Working Group, ICANN Staff prepared a proposal that, together with the IRTP Part B recommendation, has now been approved by the GNSO Council.
The ICANN Staff proposal, taking into account the deletion of denial reason #7 as previously approved by the ICANN Board, proposes to expand the existing section 5 (EPP - based Registry Requirements for Registrars) of the IRTP to address "Registrar Lock Status". The proposed modifications to the IRTP can be found in redline form in the ICANN Staff Proposal on IRTP Part B Recommendation #9 part 2

 [PDF, 490 KB]. The main elements of the proposed modifications are:

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" statusYou are invited to submit comments until 13 February 2011 before final consideration by the ICANN Board.

Section II: Background

The Inter-Registrar Transfer Policy (IRTP) aims to provide a straightforward procedure for domain name holders to transfer their names from one ICANN-accredited registrar to another should they wish to do so. The policy also provides standardized requirements for registrar handling of such transfer requests from domain name holders. The policy is an existing community consensus policy that was implemented in late 2004 and is now being reviewed by the GNSO.
The IRTP Part B Policy Development Process (PDP) was the second in a series of five PDPs that address areas for improvements in the existing Inter-Registrar Transfer Policy. The GNSO IRTP Part B Policy Development Process Working Group was tasked to address five issues focusing on issues related to domain hijacking, the urgent return of an inappropriately transferred name and "lock status". The WG delivered its Final Report to the GNSO Council on 31 May 2011. The GNSO Council acted on a number of the recommendations at its meeting on 22 June 2011. In relation to recommendation #9, part 2, a proposal from staff was requested. Following consultations with the IRTP Part B Working Group and a public comment forum on the Staff Proposal, GNSO Council approved IRTP Part B Recommendation #9, part 2 and the staff proposal at its meeting on 19 January 2012 (see http://gnso.icann.org/resolutions/#201201). As required by the ICANN Bylaws, public notice is hereby provided of the policy that is considered for adoption as well as an opportunity to comment on the adoption of the proposed policy, prior to consideration by the ICANN Board of these recommendations.

Section II: Background

The Inter-Registrar Transfer Policy (IRTP) aims to provide a straightforward procedure for domain name holders to transfer their names from one ICANN-accredited registrar to another should they wish to do so. The policy also provides standardized requirements for registrar handling of such transfer requests from domain name holders. The policy is an existing community consensus policy that was implemented in late 2004 and is now being reviewed by the GNSO.
The IRTP Part B Policy Development Process (PDP) was the second in a series of five PDPs that address areas for improvements in the existing Inter-Registrar Transfer Policy. The GNSO IRTP Part B Policy Development Process Working Group was tasked to address five issues focusing on issues related to domain hijacking, the urgent return of an inappropriately transferred name and "lock status". The WG delivered its Final Report to the GNSO Council on 31 May 2011. The GNSO Council acted on a number of the recommendations at its meeting on 22 June 2011. In relation to recommendation #9, part 2, a proposal from staff was requested. Following consultations with the IRTP Part B Working Group and a public comment forum on the Staff Proposal, GNSO Council approved IRTP Part B Recommendation #9, part 2 and the staff proposal at its meeting on 19 January 2012 (see http://gnso.icann.org/resolutions/#201201). As required by the ICANN Bylaws, public notice is hereby provided of the policy that is considered for adoption as well as an opportunity to comment on the adoption of the proposed policy, prior to consideration by the ICANN Board of these recommendations.

Section III: Document and Resource Links

Section IV: Additional Information

None

(*) 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”

status.

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