Re: [gnso-lockpdp-wg] RE: For your review - Updated straw man proposal & public comment review tool

[Volker Greimann <vgreimann@xxxxxxxxxxxxxxx>]

Well, to open the account we would first need to have the proper data to 
fill the basic account information. So if that data were provided, we 
could of course do that. But not all registrars have retail accounts. 
Furthermore, before we can push the domain into the account and hand 
over ownership, we need to make sure the complainant/new registrant has 
accepted the registration agreement. We usually do this by requiring the 
winning complainant or his rep to open the account themselves part of 
which is the acceptance of the terms and conditions and registration 
agreement.
If we just handed over the domain name, the complainant would not have 
accepted the registration terms, which would put us out of compliance 
with ICANN, if I am not mistaken...
Volker
> Hey Volker,
>
> If not provided an active account number, many registrars open a new 
> account for the winning party, e-mail the account number or other 
> identifying info to the complainant’s representative, and move the 
> domain into that new account. Would that address the concern?  It gets 
> the domain out of the registrar’s hands…
> Matt
>
> *From:*owner-gnso-lockpdp-wg@xxxxxxxxx 
> [mailto:owner-gnso-lockpdp-wg@xxxxxxxxx] *On Behalf Of *Dorrain, Kristine
> *Sent:* Monday, December 10, 2012 10:54 AM
> *To:* Volker Greimann
> *Cc:* 'Marika Konings'; Gnso-lockpdp-wg@xxxxxxxxx
> *Subject:* RE: [gnso-lockpdp-wg] RE: For your review - Updated straw 
> man proposal & public comment review tool
> Yes…It may be within scope to recommend best practices for this as it 
> is fully related to the unlock.   These best practices could/should be 
> directed to both registrars AND complainants.
> Kristine
>
> *From:*Volker Greimann [mailto:vgreimann@xxxxxxxxxxxxxxx]
> *Sent:* Monday, December 10, 2012 9:15 AM
> *To:* Dorrain, Kristine
> *Cc:* 'Marika Konings'; Gnso-lockpdp-wg@xxxxxxxxx 
> <mailto:Gnso-lockpdp-wg@xxxxxxxxx>
> *Subject:* Re: [gnso-lockpdp-wg] RE: For your review - Updated straw 
> man proposal & public comment review tool
>     Point 2 is for when the Complainant prevails.  The Registrar
>     implements the transfer when the time period has run out.
>
> Or at least tries to do so. If the complainant does not provide the 
> necessary data to the registrar, the domain ownership or registration 
> can not be transferred however much we wish to do so, i.e. the 
> registrar may be unable to implement the decision.
> Some complainants just tell us to transfer the domain name to 
> registrar X and then never respond to our queries.
> In other words, to demand that the registrar "implement the decision" 
> may be demanding an impossible task in certain - albeit rare - cases.
> Best,
>
> Volker