RE: [gnso-irtp-b-jun09] Expedited Transfer Reverse Policy (eTRP) (Draft)

["Mike Rodenbaugh" <icann@xxxxxxxxxxxxxx>]

Thanks James and team for the thoughtful work.  However I think this raises 
more questions for me than it solves at this point:

--  Should we suggest a minimum verification protocol here?             3.4.2  
Documentation that the PTRr has verified the identity of the pre-transfer 
registrant, in a manner conforming to local law and practices.

--  Section 3.6, why delete the requirement to restore the NS?

--  Seems there must be a mechanism for the newly-gaining Registrar/Registrant 
to object to the eTRP transfer-back?  What if there is proof of written 
authorization from the prior registrant?  That situation seems to unravel this 
entire process and make it a potentially very bad idea to implement.  "Cold 
feet" cannot be enough to reverse a previously authorized transfer 60 days 
later, so what mechanisms can we suggest to ensure the eTRP cannot be used for 
that purpose?

--  Section 4.14, how would the PTRr know if litigation was pending anywhere in 
the world?  

--  Section 4.3, "fraudulent" is a very loaded legal term, requiring proof of 
at least five elements under US law, varying in other countries.  It can be 
criminal and/or civil.  It ought not be proved merely by the self-serving 
declaration of the alleged victim, so again, how do we prevent abuse of this 
system?

--  Section 4.4, seems to give registrars far too much discretion, which most 
of them I believe do not even want to have, as it can subject them to liability.

So, maybe I am back to square one on this issue, what is the harm we are trying 
to solve, how has it been documented to date, and is this really the best way 
to mitigate it without causing a much bigger problem?

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1 (415) 738-8087
http://rodenbaugh.com 

-----Original Message-----
From: owner-gnso-irtp-b-jun09@xxxxxxxxx 
[mailto:owner-gnso-irtp-b-jun09@xxxxxxxxx] On Behalf Of James M. Bladel
Sent: Monday, April 12, 2010 9:04 PM
To: IRTP B Mailing List
Subject: [gnso-irtp-b-jun09] Expedited Transfer Reverse Policy (eTRP) (Draft)

Team:

Attached, please find two documents:

  *  A draft of the Expedited Transfer Reverse Policy (eTRP).  This is a draft 
recommendation for a new policy, and very much a work in progress.
 But the general structure has been developed and reviewed by various 
stakeholders in the GNSO community.

  *  A spreadsheet capturing feedback received from Registries, Registrars, and 
ICANN Policy & Legal teams.  Many of these items were received as comments to 
an earlier draft, and this version (Apr 11) has been modified to reflect some 
of the feedback received.  Other items were specifically deferred for 
discussion by our group as a whole.


I look forward to discussing these during our next call.

Thank you,

J.