[gnso-irtpd] Fwd: [registration-issues-wg] [ALAC] Registrants and the transfer process

[Holly Raiche <h.raiche@xxxxxxxxxxxxxxxx>]

Hi Everyone

From out of the blue - someone who is interested in this subject from an 
academic perspective.  I am happy to be the go-between if people are 
comfortable with that.

Holly

Begin forwarded message:

> From: Sarah Alkire <skalkire@xxxxxx>
> Date: 22 December 2013 3:54:48 PM AEDT
> To: Holly Raiche <h.raiche@xxxxxxxxxxxxxxxx>, Dharma Dailey 
> <dharma.dailey@xxxxxxxxx>
> Subject: RE: [registration-issues-wg] [ALAC] Registrants and the transfer 
> process
> 
> Hi Holly,
> 
> Thanks for the explanation. I am new to all of this, but am catching up. Do 
> you have any sense of what percentage (or what you think the percentage is) 
> of wrongful transfers versus other scenarios?
> 
> I do have someone that complained of losing their domain on another list 
> (geared to women in IT) and wanted to complain to ICANN. The situation seems 
> to be due to a squatter, and a registrant that let it be purchased by 2 
> businesses. The person that lost was the owner of a small business. Would you 
> like me to connect you to her?
> 
> At any rate, do you have a way for me to participate in gathering information 
> for your working group, or this issue?
> 
> Sarah
> From: Holly Raiche [h.raiche@xxxxxxxxxxxxxxxx]
> Sent: Saturday, December 21, 2013 4:24 PM
> To: Dharma Dailey
> Cc: Sarah Alkire
> Subject: Re: [registration-issues-wg] [ALAC] Registrants and the transfer 
> process
> 
> Thanks Dharma and Hi Sarah
> 
> Happy to have feedback on wrongful transfers.  The Working Group I am in is 
> looking at the Inter-Registrar Transfer Process - in particular looking at 
> the variety of situations in which it occurs.  The issue underlying it is to 
> understand when the transfer is wrongful in the sense that it has happened 
> contrary to provisions of ICANN policy and RAA requirements as against 
> situations when the transfer has occurred for other reasons (such as a web 
> designer not transferring control to the company for which the site as 
> designed, or a dispute within the organisation that haws the website)
> 
> The ultimate purpose is to understand when ICANN might provide redress for 
> the registrant losing the name, and when the issue is outside of ICANN's 
> remit.
> 
> Thanks
> 
> HOlly
> 
> On 21/12/2013, at 2:08 AM, Dharma Dailey wrote:
> 
>> 
>> Hi Holly, 
>> 
>> I'd like to introduce you to Sarah Alkire who will be representing my ALS in 
>> London.  She is new to At-Large and ICANN but I think she brings a lot to 
>> the table. She's in IT at the University of Washington and is pursuing her 
>> second masters in Human Centered Design and Engineering. She has the tech 
>> background to know how the Internet works and is well along in her training 
>> in user research.  Sarah's interested in working on the wrongful transfer of 
>> registration that you posted about. If you can loop her in, that would be 
>> great. 
>> 
>> Best, 
>> Dharma 
>> 
>> 
>> On Dec 19, 2013, at 12:39 PM, Sarah Alkire wrote:
>> 
>>> Hi Dharma,
>>>  
>>> This is an issue that I’d really be interested in. Thoughts?
>>>  
>>> Sarah
>>>  
>>> From: registration-issues-wg-bounces@xxxxxxxxx 
>>> [mailto:registration-issues-wg-bounces@xxxxxxxxx] On Behalf Of Holly Raiche
>>> Sent: Wednesday, December 18, 2013 10:32 PM
>>> To: registration-issues-wg@xxxxxxxxx
>>> Subject: [registration-issues-wg] Fwd: [ALAC] Registrants and the transfer 
>>> process
>>>  
>>> Hi Everyone
>>>  
>>> I sent this to the ALAC list, and Olivier suggested that I send it to this 
>>> list as well.
>>>  
>>> Any and all input would be welcome
>>>  
>>> Thanks
>>>  
>>> HOlly
>>>  
>>> (I am sending this as a member of the Inter-Registrar Transfer Policy D WG 
>>> (a GNSO WG)
>>>  
>>> Begin forwarded message:
>>> 
>>> 
>>> 
>>> Where the ITRP D working group is up to is gathering scenarios where the 
>>> registrant has lost their domain name.
>>>  
>>> By way of background, in the earlier working group (IRTP C), the 
>>> possibility of the registrant being able to access the Inter-Registrar 
>>> Transfer Policy dispute mechanism.  But for this working group, allowing 
>>> registrant access to the process is seen to be too hard.  But the WG agrees 
>>> that there must be redress for registrants who have (wrongly) had their 
>>> domain name transferred away.  
>>>  
>>> Some of the scenarios are really not - at their base - an ICANN issue. (the 
>>> admin contact quits/is fired, and then cancels the name, takes it with 
>>> him/her, or the web designer gets the site up and running and then doesn't 
>>> give the name to the person who hired him/her.)  
>>>  
>>> But there are many scenarios that do amount to a breach of the RAA/policy.
>>>  
>>> The WG's view at this stage is to have the registrant be able to go to 
>>> Compliance for enforcement of the transfer rules if the rules/policy has 
>>> not been followed.
>>>  
>>> What Compliance has done for the group is forward the many situations which 
>>> will be considered as a breach of the RAA/policy and for which ICANN should 
>>> be able to order a transfer back of the name to the registrant.  
>>>  
>>> Does anyone have any real life scenarios that I can take to the group when 
>>> it reconvenes in January so that the WG can 'road test' how various 
>>> scenarios would be played out - i.e., in what circumstances the registrant, 
>>> with ICANN help, can recover a name transferred away from them that should 
>>> not, under ICANN rules, not have been transferred. 
>>>  
>>> Holly
>>>  
>>> <ATT00001.c>
>> 
> 
>