Re: [gnso-irtpd] here's a lightly reworded version of the scenarios we described on the call today

[Holly Raiche <h.raiche@xxxxxxxxxxxxxxxx>]

Hi Mikey

The one I would add is the proxy situation where the admin contact is the proxy 
- most likely a lawyer, but acting on behalf of the client.  Either the law 
firm goes bust or the lawyer/law firm tries to keep the name - or possibly does 
not identify that they are acting on behalf of the client who - in legalese - 
should be the beneficial owner.


Holly

On 10/12/2013, at 7:39 AM, Mike O'Connor wrote:

> 
> hi all,
> 
> the subject says it all.  here are the scenarios we came up with.  i have two 
> requests.  see if i captured them right, if you were proposing them.  try to 
> think up other cases that we need to include in our list.
> 
> thanks,
> 
> mikey
> 
> Scenarios
> 
> The Administrative Contact authorises a transfer but the Registrant is 
> challenging that
> 
> A Registrar is not participating in resolving an issue with a transfer.  
> Several attempts to engage have been made by the other Registrar, including a 
> message the Emergency Action  Contact, to no avail.
> 
> Two registrants are disputing the right to a domain name after an 
> inter-reigistrar transfer --  registrars went through the right process and 
> have no further information to add.
> 
> Both registrants were acknowledged at some point in time as being 
> registrants.  Both of their names have appeared in Whois, but they now 
> disagree as to who the true registrant is.
> 
> +- Administrative and Registrant contacts are spread across two parts of an 
> organization and there's a disagreement between them as to the validity of a 
> transfer
> 
> Different contacts or departments within an organization have conflicts
> +- A registrant-claimant approaches a Registrar claiming that they are the 
> registrant rather than the Proxy Service Provider to whom the domain name is 
> registered
> 
> Maybe refer this edge case to the PPS WG?
> Proxy is acting as an agent
> Maybe a subset of the "confusion of roles within an organization" case
> +- One registrant is completely unknown to the registrars
> 
> A website designer registers a domain under their name on behalf of a 
> customer for whom they build a website.  They are challenged by their 
> customer who claims to be the registrant but has never appeared in any Whois 
> record at any time.
> 
> A website designer registers a domain under their name on behalf of a 
> customer, and then goes out of business - causing domain to expire, leaving 
> registrants to resolve the issue with a registrar who has never heard of them.
> 
> +- Registrant says "I'm the owner, but I'm not in control of the name, here's 
> why, help me get it back"
> 
> Two business partners split and claim rights on the domain name
> Contract disputes sometimes enter into this
> Company goes through an ownership/structure change -- the original owner 
> tries to retain the name
> +- Privacy services -- losing registrar doesn't remove privacy service, the 
> gaining registrar can't validate the identity of the person registering the 
> name
> 
> This is also the case for any other entity that's providing the privacy 
> service -- resellers or other 3rd parties for example
> 
> Somebody registers a domain name as part of their job, does it under their 
> own personal account, they and company part ways, which trumps?
> 
> Person works at the company -- maybe in the corporate account -- their 
> contact info is listed -- they have left the company and access to the 
> account and controlling email address is no longer possible 
> 
> PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com, HANDLE: 
> OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)
>