[gnso-irtpd] Public Comments: Proposed implementation of GNSO Policy Development Process Recommendations on Inter-Registrar Transfer Policy (IRTP) Part D

[Glen de Saint Géry <Glen@xxxxxxxxx>]

FYI
https://www.icann.org/public-comments/irtp-d-implementation-2015-11-10-en
Proposed implementation of GNSO Policy Development Process Recommendations on 
Inter-Registrar Transfer Policy (IRTP) Part D
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Updates<https://www.icann.org/users/sign_up?document_id=13535&following=true>

Open Date:10 Nov 2015 23:59 UTC

Close Date:21 Dec 2015 23:59 UTC

Staff Report Due:8 Jan 2016 23:59 UTC

Comments close in 41 Days

Brief Overview

Purpose: The public comment proceeding seeks to obtain community input on the 
proposed implementation of the Generic Names Supporting Organization (GNSO) 
Policy Development Process (PDP) recommendations on the Inter-Registrar 
Transfer Policy (IRTP) Part D.

Current Status: The IRTP Part D PDP Working Group delivered its Final 
Report<http://gnso.icann.org/en/issues/transfers/irtp-d-final-25sep14-en.pdf> 
[PDF, 1.1 MB] to the GNSO Council on 5 September 2014. The GNSO Council adopted 
the report and its recommendations unanimously on 15 October 2014. The ICANN 
Board adopted the 
recommendations<https://www.icann.org/resources/board-material/resolutions-2015-02-12-en#1.d>
 of the IRTP Part D Working Group on 12 February 2015. The Implementation 
Review Team in conjunction with ICANN staff worked together to develop a 
revised Transfer Dispute Resolution Policy (TDRP) as well as a revised Transfer 
Policy. Community input is now sought on the revised TDRP and Transfer Policy 
to ensure that the proposed revisions meet the intent of the policy 
recommendations.

Next Steps: ICANN staff will review the comments received in collaboration with 
the Implementation Review Team to determine whether any changes need to be made 
to the proposed implementation as a result of the input received. Following 
that, the TDRP and Transfer Policy will be finalized and the implementation 
effective date announced. In addition, education and outreach materials will be 
prepared to accompany the implementation.

Section I: Description, Explanation, and Purpose

In consultation with the GNSO Implementation Review Team, which was formed as 
directed by the GNSO Council to work with ICANN staff to ensure that the 
resultant implementation fulfills the intentions of the approved policy 
recommendations, ICANN staff reviewed the TDRP and Transfer Policy and has 
proposed revisions which include amongst others:

  *   elimination of the first level (registry level) of the TDRP
  *   the statute of limitation to launch a TDRP is extended from 6 months to 
12 months from the initial transfer
  *   inclusion of reporting requirements
  *   inclusion of updated definitions into the TDRP
  *   inclusion of additional reasons to deny a transfer under the Transfer 
Policy (e.g., pending UDRP proceeding, pending TDRP proceeding)

ICANN staff and the GNSO Implementation Review Team are now looking for input 
on the proposed revisions to the TDRP and Transfer Policy, which aim to satisfy 
the intent of the GNSO Policy Recommendations.

Additionally, any feedback on the expected time needed for affected parties to 
implement the revised TDRP and Transfer Policy before coming into effect, would 
be appreciated.

Section II: Background

The Transfer Policy provides the policy framework for domain name transfers 
between registrars. The Transfer Policy also provides standardized requirements 
for inter-registrar transfer disputes - through the Transfer Dispute Resolution 
Policy (TDRP).

The Transfer Policy (formerly, the Inter-Registrar Transfer Policy or IRTP) is 
an existing community consensus policy that was implemented in late 2004 and 
has been revised numerous times since then. The IRTP Part D Policy Development 
Process (PDP) is the fourth and final PDP of this series of revisions. The 
Generic Names Supporting Organization (GNSO) Council resolved at its meeting on 
17 October 2012 to launch an Issue Report on IRTP Part D, which should include 
all the remaining issues identified by the original transfers Working Groups as 
well as the additional issue identified by the IRTP Part C WG.

The GNSO Council requested an Issue Report from Staff on this fourth and final 
IRTP PDP Working Group at its meeting on 22 June 2012 which combined all 
remaining issues identified by the original transfers WG as well as the 
additional issue identified by the by the previous IRTP Part C PDP Working 
Group.

Those charter questions are:

  1.  Whether reporting requirements for registries and dispute providers 
should be developed, in order to make precedent and trend information available 
to the community and allow reference to past cases in dispute submissions;
  2.  Whether additional provisions should be included in the TDRP (Transfer 
Dispute Resolution Policy) on how to handle disputes when multiple transfers 
have occurred;
  3.  Whether dispute options for registrants should be developed and 
implemented as part of the policy (registrants currently depend on registrars 
to initiate a dispute on their behalf);
  4.  Whether requirements or best practices should be put into place for 
registrars to make information on transfer dispute resolution options available 
to registrant;
  5.  Whether existing penalties for policy violations are sufficient or if 
additional provisions/penalties for specific violations should be added into 
the policy;
  6.  Whether the universal adoption and implementation of EPP AuthInfo codes 
has eliminated the need of FOAs

The IRTP Part D PDP Working Group delivered its Final 
Report<http://gnso.icann.org/en/issues/transfers/irtp-d-final-25sep14-en.pdf> 
[PDF, 1.1 MB] to the GNSO Council on 5 September 2014. The report and its 
recommendations were adopted unanimously by the GNSO Council on 15 October 
2014. The ICANN Board adopted the 
recommendations<https://www.icann.org/resources/board-material/resolutions-2015-02-12-en#1.d>
 of the IRTP Part D Working Group on 12 February 2015. The Implementation 
Review Team in conjunction with ICANN staff worked together to develop a 
revised Transfer Dispute Resolution Policy (TDRP) as well as a revised Transfer 
Policy. Community input is now sought on the revised TDRP and Transfer Policy 
to ensure that the proposed revisions meet the intent of the policy 
recommendations.

Section III: Relevant Resources

  *   Draft Registrar Transfer Dispute Resolution 
Policy<https://www.icann.org/en/system/files/files/draft-registrar-tdrp-redline-10nov15-en.pdf>
 [PDF, 231 KB]
  *   Draft Transfer 
Policy<https://www.icann.org/en/system/files/files/draft-transfer-policy-redline-10nov15-en.pdf>
 [PDF, 178 KB]
  *   Transfer 
Policy<https://www.icann.org/resources/pages/transfer-policy-2015-09-24-en>
  *   The Transfer Dispute Resolution 
Policy<https://www.icann.org/en/help/dndr/tdrp>

Section IV: Additional Information
Section V: Reports
Staff Contact
Caitlin Tubergen
caitlin.tubergen@xxxxxxxxx<mailto:caitlin.tubergen@xxxxxxxxx>


Kind regards,
Glen

Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx<mailto:gnso.secretariat@xxxxxxxxxxxxxx>
http://gnso.icann.org<http://gnso.icann.org/>