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

["Mike O'Connor" <mike@xxxxxxxxxx>]

hi Holly,

probably the best bet for this person is Compliance.  i wish i could find a URL 
that summarized complaints by type, but i can’t.  surely that have that data 
however.

mikey


On Jan 5, 2014, at 10:17 PM, Holly Raiche <h.raiche@xxxxxxxxxxxxxxxx> wrote:

> 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>
>>> 
>> 
>> 
> 


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