IPC comments

["Metalitz, Steven" <met@xxxxxxx>]

IPC Comments
On
Proposed Revisions to the
Inter-Registrar Transfer Policy (IRTP)
Reason # 8 and Reason # 9
July 17, 2008


The GNSO Council has sought community review and comment on two proposed
revisions to the IRTP regarding reasons for which a registrar of record
may deny a request to transfer a domain name to a new registrar.  These
reasons are known as Reason # 8 and Reason # 9, respectively.  The GNSO
Intellectual Property Constituency (IPC) offers the following comments.


The proposed revisions are:

Denial reason #8

Current text:
A domain name is in the first 60 days of an initial registration period

Proposed text:
The transfer was requested within 60 days of the creation date as shown
in the
registry Whois record for the domain name.

Proposed IPC text:

The transfer was requested within 60 days of the creation date as shown
in the
registry Whois record for the domain name, unless the domain name is the
subject of a dispute and the registrar receives reasonable notice from
the registrant and a disputing party that the registrant and disputing
party have agreed to a change of registrant as part of a resolution of
the dispute.


Denial reason #9

Current text:
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).

Proposed text:
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). "Transferred" shall only mean that an
interregistrar
transfer, or transfer to the Registrar of Record has occurred in
accordance with the procedures of this policy.


Proposed IPC text:
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 and/or unless such domain name is the
subject of a dispute and the registrar receives reasonable notice from
the registrant and a disputing party that the registrant and disputing
party have agreed to a change of registrant as part of a resolution of
such dispute.). "Transferred" shall only mean that an interregistrar
transfer, or transfer to the Registrar of Record, has occurred in
accordance with the procedures of this policy, and not that merely a
change of registrant or modification of the Whois information has
occurred.
.



*    *    *    *   * 

The IPC's proposed changes are designed to eliminate an arbitrary
requirement that the time period for any domain name dispute must be at
least sixty (60) days long.  By allowing parties in dispute to arrange
for a transfer of a disputed domain name upon a reasonable showing of an
agreement to transfer, domain disputes may be resolved more efficiently.


A.      Consensus Process

These comments are based very closely on comments submitted by IPC in
February 2008.  See
http://www.ipconstituency.org/PDFs/IPC%20position%20statement%20on%20int
er-registrar%20transfer%20022008%20(1748326).pdf for the text of those
comments and the procedure followed in drafting and reviewing them.  The
revision of those comments was drafted by an IPC member and circulated
to the full IPC mailing list on February 15.  One comment was received
and the draft was slightly modified to reflect it.  

B.      Effects on the Constituency

If the suggestions set forth by the IPC herein are adopted, members of
the Constituency will be in a better position to address brand abuses
and to resolve disputes in a more expedited fashion unhindered by an
arbitrary sixty (60) day requirement that a registrant of a disputed
domain name must retain title to a domain name even if both parties to a
dispute agree otherwise.  Since these proposed changes will shorten the
"life span" of some domain disputes, the financial impact for members of
the Constituency will be positive in the form of lower enforcement
costs.  

C.      Time Period for Implementation.

We believe the suggestions set forth here could be adopted by the
community within a matter of weeks.

Respectfully submitted, 

Steve Metalitz, on behalf of IPC