[EURO-Discuss] ICANN to Issue Advisory Regarding Transferring Domains Between Registrars, Asks for Public Comment

[Nick Ashton-Hart]

Notice of Intent to Issue Advisory Regarding the Inter-Registrar  
Transfer Policy

19 September 2007
ICANN has observed that there is confusion within the registrar  
community concerning the circumstances under which registrars may  
validly deny transfer requests pursuant to the Inter-Registrar  
Transfer Policy (“Transfer Policy”). The purpose of this Notice of  
Intent to Issue an Advisory regarding the Inter-Registrar Transfer  
Policy is to allow interested parties 30 days to comment on the  
proposed advisory (which can be viewed at: http://www.icann.org/ 
announcements/proposed-advisory-19sep07.htm). ICANN will consider all  
comments received at the close of the 30-day comment period.  
Interested parties have until 19 October 2007 to submit comments at  
retransfers-comments at icann.org. Posted comments can be viewed at  
http://forum.icann.org/lists/retransfers-comments/.

The purpose of the proposed advisory is to assist ICANN-accredited  
registrars in understanding that under the Transfer Policy:

Registrars are prohibited from denying a domain name transfer request  
based on non-payment of fees for pending or future registration  
periods during the Auto-Renew Grace Period; and
A registrant change to Whois information is not a valid basis for  
denying a transfer request.
Developed through ICANN’s consensus policy process, the Transfer  
Policy was approved unanimously by ICANN’s Generic Names Supporting  
Organization (GNSO) and its Board of Directors. After consultation  
with several interested parties, the Transfer Policy was adopted in  
2004. The Transfer Policy provides domain name holders with a  
standardized process for transferring their domain names from one  
ICANN-accredited registrar to another upon request. All ICANN- 
accredited registrars and unsponsored gTLD registry operators are  
required to comply with the Transfer Policy pursuant to their  
agreements with ICANN.

With over 900 ICANN-accredited registrars operating in the  
marketplace, offering a myriad of services, consumers have a  
diversity of options for the provision of registration services, from  
full service registration packages with web-hosting options, to  
bargain registration packages providing minimal customer service.  
However, this diversity of options cannot be fully appreciated by  
consumers if the provisions of the Transfer Policy are interpreted  
and applied inconsistently by registrars, thereby preventing  
consumers from freely transferring their domain names when they  
choose to do so.

The Transfer Policy allows domain name holders to transfer their  
domain names from one ICANN-accredited registrar to another, except  
under nine limited circumstances. Registrar transfer denials that are  
not based on the nine reasons enumerated in the Transfer Policy  
discourage competition, create confusion, encourage abuse and violate  
the Transfer policy. The purpose of the proposed advisory is to  
provide clarity and promote consistent handling of transfer requests.

The Transfer Policy has proven to be a valuable resource for  
consumers enabling them to exercise freedom of choice in the domain  
name registration marketplace. For the benefit of consumers,  
registrars, registries and other interested parties, ICANN issued  
today’s proposed advisory to clarify the limited circumstances under  
which the Transfer Policy allows registrars to deny transfer  
requests. Comments regarding the proposed advisory are encouraged.

ICANN is aware that the GNSO’s Transfers Working Group is currently  
studying several issues related to the Transfer Policy with the  
intention of recommending language modifications to the GNSO Council.  
However, the purpose of ICANN’s proposed advisory is to clarify  
existing policy.


-- 
Regards,

Nick Ashton-Hart
Director, At-Large
ICANN
Tel: +33 (450) 40 46 88
USA Tel: +1 (202) 657-5460
Fax: +41 (22) 595 85 44
mobile: +41 (79) 595 54 68
email: nick.ashton-hart at icann.org
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Skype: nashtonhart
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