RE: [gnso-irtp-pdp-jun08] IRTP requirement re: Registrar POC

["Steele, Barbara" <BSteele@xxxxxxxxxxxx>]

Thanks Paul.  I knew it was in there somewhere but just couldn't
remember where. 


-------------------------------------------------------
Barbara Steele
Compliance Officer / Director of Policy
VeriSign Naming Services
bsteele@xxxxxxxxxxxx
Direct: 703.948.3343
Mobile: 703.622.1071
Fax:  703.421.4873
21345 Ridgetop Circle
Dulles, VA  20166


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-----Original Message-----
From: owner-gnso-irtp-pdp-jun08@xxxxxxxxx
[mailto:owner-gnso-irtp-pdp-jun08@xxxxxxxxx] On Behalf Of Diaz, Paul
Sent: Tuesday, September 09, 2008 1:02 PM
To: gnso-irtp-pdp-jun08@xxxxxxxxx
Subject: [gnso-irtp-pdp-jun08] IRTP requirement re: Registrar POC


See the end Section 4 for the IRTP language that requires registrars to
maintain a special email address to facilitate transfer requests, and to
manage responses within 7 calendar days.


Policy on Transfer of Registrations between Registrars
12 July 2004
http://www.icann.org/en/transfers/policy-12jul04.htm

A. Holder-Authorized Transfers

1. Registrar Requirements

Registered Name Holders must be able to transfer their domain name
registrations between Registrars provided that the Gaining Registrar's
transfer process meets the minimum standards of this policy and that
such transfer is not prohibited by ICANN or Registry policies.
Inter-Registrar domain name transfer processes must be clear and concise
in order to avoid confusion. Further, Registrars should make reasonable
efforts to inform Registered Name Holders of, and provide access to, the
published documentation of the specific transfer process employed by the
Registrars.

1.1 Transfer Authorities

The Administrative Contact and the Registered Name Holder, as listed in
the Losing Registrar's or applicable Registry's (where available)
publicly accessible WHOIS service are the only parties that have the
authority to approve or deny a transfer request to the Gaining
Registrar. In the event of a dispute, the Registered Name Holder's
authority supersedes that of the Administrative Contact.

Registrars may use Whois data from either the Registrar of Record or the
relevant Registry for the purpose of verifying the authenticity of a
transfer request; or from another data source as determined by a
consensus policy.

2. Gaining Registrar Requirements

For each instance where a Registered Name Holder requests to transfer a
domain name registration to a different Registrar, the Gaining Registrar
shall:

2.1 Obtain express authorization from either the Registered Name Holder
or the Administrative Contact (hereafter, "Transfer Contact"). Hence, a
transfer may only proceed if confirmation of the transfer is received by
the Gaining Registrar from the Transfer Contact.

2.1.1 The authorization must be made via a valid Standardized Form of
Authorization (FOA). There are two different FOA's available at the
ICANN website. The FOA labeled "Initial Authorization for Registrar
Transfer" must be used by the Gaining Registrar to request an
authorization for a registrar transfer from the Transfer Contact. The
FOA labeled "Confirmation of Registrar Transfer Request" may be used by
the Registrar of Record to request confirmation of the transfer from the
Transfer Contact.

The FOA shall be communicated in English, and any dispute arising out of
a transfer request shall be conducted in the English language.
Registrars may choose to communicate with the Transfer Contact in
additional languages. However, Registrars choosing to exercise such
option are responsible for the accuracy and completeness of the
translation into such additional non-English version of the FOA.

2.1.2 In the event that the Gaining Registrar relies on a physical
process to obtain this authorization, a paper copy of the FOA will
suffice insofar as it has been signed by the Transfer Contact and
further that it is accompanied by a physical copy of the Registrar of
Record's Whois output for the domain name in question.

2.1.2.1 If the Gaining Registrar relies on a physical authorization
process, then the Gaining Registrar assumes the burden of obtaining
reliable evidence of the identity of the Transfer Contact and
maintaining appropriate records proving that such evidence was obtained.
Further the Gaining Registrar also assumes the burden for ensuring that
the entity making the request is indeed authorized to do so. The
acceptable forms of physical identity are:

Notarized statement
Valid Drivers license
Passport
Article of Incorporation
Military ID
State/Government issued ID
Birth Certificate
2.1.3 In the event that the Gaining Registrar relies on an electronic
process to obtain this authorization the acceptable forms of identity
would include:

Electronic signature in conformance with national legislation, in the
location of the Gaining Registrar (if such legislation exists).
Consent from an individual or entity that has an email address matching
the Transfer Contact email address.
The Registrar of Record may not deny a transfer request solely because
it believes that the Gaining Registrar has not received the confirmation
set forth above.

A transfer must not be allowed to proceed if no confirmation is received
by the Gaining Registrar. The presumption in all cases will be that the
Gaining Registrar has received and authenticated the transfer request
made by a Transfer Contact.

2.2 Request, by the transmission of a "transfer" command as specified in
the Registrar Tool Kit, that the Registry Operator database be changed
to reflect the new Registrar.

2.2.1 Transmission of a "transfer" command constitutes a representation
on the part of the Gaining Registrar that the requisite authorization
has been obtained from the Transfer Contact listed in the authoritative
Whois database.

2.2.2 The Gaining Registrar is responsible for validating the Registered
Name Holder requests to transfer domain names between Registrars.
However, this does not preclude the Registrar of Record from exercising
its option to independently confirm the Registered Name Holder's intent
to transfer its domain name to the Gaining Registrar in accordance with
Section 3 of this policy.

3. Obligations of the Registrar of Record

A Registrar of Record can choose independently to confirm the intent of
the Registered Name Holder when a notice of a pending transfer is
received from the Registry. The Registrar of Record must do so in a
manner consistent with the standards set forth in this agreement
pertaining to Gaining Registrars. In order to ensure that the form of
the request employed by the Registrar of Record is substantially
administrative and informative in nature and clearly provided to the
Transfer Contact for the purpose of verifying the intent of the Transfer
Contact, the Registrar of Record must use the FOA.

The FOA shall be communicated in English, and any dispute arising out of
a transfer request, shall be conducted in the English language.
Registrars may choose to communicate with the Transfer Contact in
additional languages. However, the Registrar choosing to exercise such
option is responsible for the accuracy and completeness of the
translation into such additional non-English version of the FOA.
Further, such non-English communications must follow the processes and
procedures set forth in this policy. This includes but is not limited to
the requirement that no Registrar shall add any additional information
to the FOA used to obtain the consent of the Transfer Contact in the
case of a transfer request.

This requirement does not preclude the Registrar of Record from
marketing to its existing customers through separate communications.

The FOA should be sent by the Registrar of Record to the Transfer
Contact as soon as operationally possible, but must be sent not later
than twenty-four (24) hours after receiving the transfer request from
the Registry Operator.

Failure by the Registrar of Record to respond within five (5) calendar
days to a notification from the Registry regarding a transfer request
will result in a default "approval" of the transfer.

In the event that a Transfer Contact listed in the Whois has not
confirmed their request to transfer with the Registrar of Record and the
Registrar of Record has not explicitly denied the transfer request, the
default action will be that the Registrar of Record must allow the
transfer to proceed.

Upon denying a transfer request for any of the following reasons, the
Registrar of Record must provide the Registered Name Holder and the
potential Gaining Registrar with the reason for denial. The Registrar of
Record may deny a transfer request only in the following specific
instances:

Evidence of fraud
UDRP action
Court order by a court of competent jurisdiction Reasonable dispute over
the identity of the Registered Name Holder or Administrative Contact No
payment for previous registration period (including credit card
charge-backs) if the domain name is past its expiration date or for
previous or current registration periods if the domain name has not yet
expired. In all such cases, however, the domain name must be put into
"Registrar Hold" status by the Registrar of Record prior to the denial
of transfer.
Express written objection to the transfer from the Transfer Contact.
(e.g. - email, fax, paper document or other processes by which the
Transfer Contact has expressly and voluntarily objected through opt-in
means)
A domain name was already in "lock status" provided that the Registrar
provides a readily accessible and reasonable means for the Registered
Name Holder to remove the lock status.
A domain name is in the first 60 days of an initial registration period.
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).
Instances when the requested change of Registrar may not be denied
include, but are not limited to:

Nonpayment for a pending or future registration period No response from
the Registered Name Holder or Administrative Contact.
Domain name in Registrar Lock Status, unless the Registered Name Holder
is provided with the reasonable opportunity and ability to unlock the
domain name prior to the Transfer Request.
Domain name registration period time constraints, other than during the
first 60 days of initial registration or during the first 60 days after
a registrar transfer.
General payment defaults between Registrar and business partners /
affiliates in cases where the Registered Name Holder for the domain in
question has paid for the registration.
The Registrar of Record has other mechanisms available to collect
payment from the Registered Name Holder that are independent from the
Transfer process. Hence, in the event of a dispute over payment, the
Registrar of Record must not employ transfer processes as a mechanism to
secure payment for services from a Registered Name Holder. Exceptions to
this requirement are as follows:

(i) In the case of non-payment for previous registration period(s) if
the transfer is requested after the expiration date, or

(ii) In the case of non-payment of the current registration period, if
transfer is requested before the expiration date.

4. Registrar Coordination

Each Registrar is responsible for keeping copies of documentation,
including the FOA and the Transfer Contacts response thereto, that may
be required for filing and supporting a dispute under the dispute
resolution policy. Gaining Registrars must maintain copies of the FOA as
received from the Transfer Contact as per the standard document
retention policies of the contracts. Copies of the reliable evidence of
identity must be kept with the FOA.

Both the Gaining Registrar and the Registrar of Record must provide the
evidence relied on for the transfer during and after the applicable
inter-registrar domain name transaction(s). Such information must be
provided when requested by, and only by, the other Registrar that is
party to the transfer transaction. Additionally, ICANN, the Registry
Operator, a court or authority with jurisdiction over the matter or a
third party dispute resolution panel may also require such information
within five (5) days of the request.

The Gaining Registrar must retain, and produce pursuant to a request by
a Losing Registrar, a written or electronic copy of the FOA. In
instances where the Registrar of Record has requested copies of the FOA,
the Gaining Registrar must fulfill the Registrar of Records request
(including providing the attendant supporting documentation) within five
(5) calendar days. Failure to provide this documentation within the time
period specified is grounds for reversal by the Registry Operator or the
Dispute Resolution Panel in the event that a transfer complaint is filed
in accordance with the requirements of this policy.

If either a Registrar of Record or a Gaining Registrar does not believe
that a transfer request was handled in accordance with the provisions of
this policy, then the Registrar may initiate a dispute resolution
procedure as set forth in Section C of this policy.

For purposes of facilitating transfer requests, Registrars should
provide and maintain a unique and private email address for use only by
other Registrars and the Registry:

i. This email address is for issue related to transfer requests and the
procedures set forth in this policy only.

ii. The email address should be managed to ensure messages are received
by someone who can respond to the transfer issue.

iii. Messages received at such email address must be responded to within
a commercial reasonable timeframe not to exceed seven (7) calendar days.

5. EPP - based Registry Requirements for Registrars

In EPP-based gTLD Registries, Registrars must follow the requirements
set forth below.

Registrars must provide the Registered Name Holder with the unique
"AuthInfo" code 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 generate and manage their own unique
"AuthInfo" code.

Registrars may not employ any mechanism for complying with a Registered
Name Holder's request to obtain the applicable "AuthInfo Code" that is
more restrictive than the mechanisms used for changing any aspect of the
Registered Name Holder's contact or name server information.

The Registrar of Record must not refuse to release an "AuthInfo Code" to
the Registered Name Holder solely because there is a dispute between the
Registered Name Holder and the Registrar over payment.

Registrar-generated "AuthInfo" codes must be unique on a per-domain
basis.

The "Auth-Info" codes must be used solely to identify a Registered Name
Holder, whereas the FOA's still need to be used for authorization or
confirmation of a transfer request, as described in Section 2 and
Section 4 of this policy.

6. Registry Requirements

Upon receipt of the "transfer" command from the Gaining Registrar,
Registry Operator will transmit an electronic notification to both
Registrars. In the case of those Registries that use electronic mail
notifications, the response notification may be sent to the unique email
address established by each Registrar for the purpose of facilitating
transfers.

The Registry Operator shall complete the requested transfer unless,
within five (5) calendar days, Registry Operator receives a NACK
protocol command from the Registrar of Record.

When the Registry's database has been updated to reflect the change to
the Gaining Registrar, Registry Operator will transmit an electronic
notification to both Registrars. The notification may be sent to the
unique email address established by each Registrar for the purpose of
facilitating transfers or such other email address agreed to by the
parties.

The Registry Operator shall undo a transfer if, after a transfer has
occurred, the Registry Operator receives one of the notices as set forth
below. In such case, the transfer will be reversed and the domain name
reset to its original state. The Registry Operator must undo the
transfer within five (5) calendar days of receipt of the notice except
in the case of a Registry dispute decision, in which case the Registry
Operator must undo the transfer within fourteen calendar days unless a
court action is filed. The notice required shall be one of the
following:

i. Agreement of the Registrar of Record and the Gaining Registrar sent
by email, letter or fax that the transfer was made by mistake or was
otherwise not in accordance with the procedures set forth in this
policy;

ii. The final determination of a dispute resolution body having
jurisdiction over the transfer; or

iii. Order of a court having jurisdiction over the transfer.

7. Records of Registration

Each Registrar shall require its customer, the Registered Name Holder,
to maintain its own records appropriate to document and prove the
initial domain name registration date.

8. Effect on Term of Registration

The completion by Registry Operator of a holder-authorized transfer
under this Part A shall result in a one-year extension of the existing
registration, provided that in no event shall the total unexpired term
of a registration exceed ten (10) years.

B. ICANN-Approved Transfers

Transfer of the sponsorship of all the registrations sponsored by one
Registrar as the result of (i) acquisition of that Registrar or its
assets by another Registrar, or (ii) lack of accreditation of that
Registrar or lack of its authorization with the Registry Operator, may
be made according to the following procedure:

(a) The gaining Registrar must be accredited by ICANN for the Registry
TLD and must have in effect a Registry-Registrar Agreement with Registry
Operator for the Registry TLD.

(b) ICANN must certify in writing to Registry Operator that the transfer
would promote the community interest, such as the interest in stability
that may be threatened by the actual or imminent business failure of a
Registrar.

Upon satisfaction of these two conditions, Registry Operator will make
the necessary one-time changes in the Registry database for no charge,
for transfers involving 50,000 name registrations or fewer. If the
transfer involves registrations of more than 50,000 names, Registry
Operator will charge the gaining Registrar a one-time flat fee of US$
50,000.

C. Transfer Dispute Resolution Policy

Procedures for handling disputes concerning inter-registrar transfers
are set forth in the Transfer Dispute Resolution Policy. Procedures in
this policy must be followed by the applicable Registry Operators and
ICANN accredited Registrars.