RE: [gnso-irtp-b-jun09] 60 day lock following registrant change

["Rob Golding" <rob.golding@xxxxxxxxxxxxxxx>]

George Kirikos wrote ...

> Fraud by a buyer is easy for you to manage -- insist upon a wire
> transfer. It's your choice to use credit cards or other risky forms of
> payments

I'm certain it was explained to you during the working group held during the
recent ICANN meetings in Brussels, a "wire-transfer" is no more secure than
any other payment method - any EFT can be recalled by the sending bank
should the account holder report it as unauthorised/fraudulent. This is the
same with personal and business cheques upto 2 years after they've been
cashed !

> Given fraud can happen from both buyer and seller, what happens when
> the seller commits fraud *after* a sale, by undoing it on a whim,
> using the current ETRP proposal 

The proposal to provide a *registrar* with the ability to "recall" a
transfer isn't about fraudulent sales of domains - that's a change of
*registrant* - it's about fraudulent transfers to another registrar which
the registrar has to believe was done without the registrants consent.

> not having clear title to a domain name for a period of up to 
> 6 months after

My personal opinion is that 6 months is too long a window.

> Depending on the "urgency", a court can act much more swiftly to
> return a hijacked domain name.

Or not as the sex.com debacle showed. 

And if the domain is moved to an "unhelpful" registrar (as the group is
often referring back to certain unresponsive Far-East providers) do you
really think even with a judgement, you'll be able to get it enforced ?

Having to (rather than having the *option* to) go through the court method
for a registrant to obtain their transferred domain back IMHO means you're
restricting this to a very small subset of potential registrants - I firmly
believe that *all* registrants should be taken care of, not just those with
fatter cheque books.

Regards,
Rob
--
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