TDRP Procedures

["Nevett, Jonathon" <jnevett@xxxxxxxxxxxxxxxxxxxx>]

Network Solutions LLC urges ICANN to explicitly require all registries
to comply with the Transfer Policy and provide a First Level dispute
resolution process for all registrars without imposing conditions on
registrars that were not part of the policy.  The Transfer Policy, in
Section A.6, clearly requires that registries "must" undo a transfer
within 14 days of a registry dispute decision to reverse a transfer
unless a court action is filed.  Additionally, Section C of the Transfer
Policy, further obligates registries to follow the procedures set out in
the Transfer Dispute Resolution Policy ("TDRP"):

Procedures for handling disputes concerning inter-registrar transfers
are set forth in the Transfer Dispute Resolution Policy.  Procedures in
this policy must be followed by the applicable Registry Operators and
ICANN accredited Registrars.

 

(Emphasis added.)  Thus, where the facts warrant a reversal of a
transfer in a First Level dispute at the registry, the registry is
obligated to undo the transfer within 14 days unless a court action is
filed.  This is in accordance with the Transfer Policy.  

In requiring registrars to execute amendments to the Registry-Registrar
Agreements before it will guaranty that it will provide First Level
dispute resolution services or undo a fraudulent transfer, VeriSign is
refusing to comply with the Transfer Policy and the TDRP.  Paragraph 3
of VeriSign's proposed Amendment states:

Undo Command.  REGISTRAR acknowledges and agrees that VERISIGN shall
have no obligation to undo a transfer in accordance with the Transfer
Policy if both REGISTRAR and the other Registrar to the dispute have not
executed amendments to their .COM [or .NET] Registry-Registrar Agreement
with VERISIGN to include the Transfer Policy.

 

VeriSign has stated that it interprets this language to allow it to
refuse to undo a transfer if either of the registrars to the dispute has
not executed the amendment.  Therefore, according to VeriSign's
interpretation of its proposed Amendment, if a registrar signs the
Amendment and had a dispute with a registrar that had not signed the
Amendment, VeriSign might not undo an otherwise improper transfer,
thereby denying the registrar a First Level dispute procedure.  Such a
result would be unfair, unjust and should not be permitted by ICANN.
ICANN should not allow VeriSign to force upon registrars an overreaching
amendment as a condition of VeriSign's compliance with the Transfer
Policy.  The Transfer Policy provides for no such condition, its
attempted imposition by VeriSign is improper, and ICANN should ensure
that all registrars are able to use the First Level dispute resolution
service to undo an improper transfer.