ICA is working to within ICANN to reduce the problems often faced by domainers when they want to transfer domains to the registrar of their choice. I recently participated in an ICANN drafting group chaired by ICA member, Mike O’Conner.
Our drafting group was tasked with reviewing the text of four of the reasons for which registrars may deny an inter-registrar transfer. Our group was formed in response to complaints that some registrars were interpreting these denial reasons to mean something other than what was intended by those that drafted the original policy. We were not tasked to suggest new policy, but to review text to better clarify the intent of existing policy.
Reason 8 originally stated “A domain name is in the first 60 days of an initial registration period”.
While most people would consider the initial registration period to only refer to one registration period, the first one, some registrars interpreted this to mean every registration period. They would deny transfers for 60 days after a registration renewal. We changed the text to more clearly state the intent of the original policy. “The transfer was requested within 60 days of the creation date as shown in the registry Whois record for the domain name.”
Reason 9 originally stated “A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs).”
It seems clear to most people that “transfers” in this denial reason mean inter-registrar transfer, but some registrars interpreted this to mean a registrant transfer. Some registrars are even denying transfers because of an insignificant change of whois information by the same registrant. We clarified this reason by changing it to the following. “A domain name is within 60 days (or a lesser period to be determined) after being transferred (apart from being transferred back to the original Registrar in cases where both Registrars so agree and/or where a decision in the dispute resolution process so directs). "Transferred" shall only mean that an inter-registrar transfer, or transfer to the Registrar of Record has occurred in accordance with the procedures of this policy.”
The drafting group decided that we could not clarify the other two reasons 5 and 7 without making policy or defining items that are in registrar contracts. We were not tasked with policy making. So we suggested that the GNSO Council refer the resolution of reasons 5 and 7 to a future policy making workgroup.
I encourage members and readers to send letters to ICANN supporting the improvements in the Inter-Registrar Transfer Policy text by October 6th as they make it easier for registrants to transfer to their registrar of choice.
ICA’s work to improve inter-registrar transfers continues. I am currently working on a workgroup that is tasked with improving ease and security of registrar transfers. We are still in a research phase on this workgroup. I welcome comments about the three issues our workgroup faces. There will be at least two future workgroups on inter-registrar transfers and I plan to participate all of them. If you have a concern about transfer policy not addressed by this workgroup, we will probably tackle it in a future workgroup. Please feel free to contact me if you have any suggestions or just want to vent about your transfer difficulties.