[bc-gnso] proposed BC comment on Board Consideration of IRTP-B Recommendations [FOR REPLY BY 13-FEB]

[Steve DelBianco]

As discussed on our 8-Feb members call and on the BC list, we have an opportunity to comment on staff's proposed implementation of recommended changes to domain name transfer policies.

Several BC members were very involved in the IRTP-B working group and we endorsed the WG Report last year (see our Aug-2011 comment below).

Specifically, this is about IRTP-B Recommendation 9, Part 2.  As explained by staff (Link<http://www.icann.org/en/public-comment/irtp-b-rec9-part2-23jan12-en.htm>) the main elements of the proposed modifications are:

  *   Registrar may only impose a lock that would prohibit transfer of the domain name if it includes in its registration agreement the terms and conditions for imposing such lock and obtains express consent from the Registered Name Holder: and

  *   Registrar must remove the "Registrar Lock" status within five (5) calendar days of the Registered Name Holder's initial request, if the Registrar does not provide facilities for the Registered Name Holder to remove the "Registrar Lock" status
Today, Phil Corwin and I reviewed the staff proposal (here<http://gnso.icann.org/issues/irtp-b-9-part-2-staff-proposal-22nov11-en.pdf%20>) and compared changes to the WG's May-2011 report we endorsed last year (here<http://gnso.icann.org/issues/transfers/irtp-b-final-report-30may11-en.pdf%20>). We found 3 changes proposed by Staff:
On page 6, staff inserted language from the WG report regarding express objections to transfers.   Verbatim from the WG report, so this looks good.
On page 7, staff struck language that is replaced by the above change.  Looks good.
On page 8, staff inserted language on registrar requirements on setting the lock status of domain names.  Phil and I could not find verbatim language in the WG Report, but we believe staff's proposed language will appropriately implement the policy intended by the WG Report.
Would appreciate some review by anyone more familiar with transfers and locks.
But if we don't hear otherwise by 12-Feb, the BC will submit a comment that endorses the Staff Proposal.
Thanks,
Steve DelBianco and Phil Corwin

From: Steve DelBianco <sdelbianco at netchoice.org<mailto:sdelbianco at netchoice.org>>
Date: Mon, 8 Aug 2011 15:16:54 -0400
To: <irtp-b-recommendations at icann.org<mailto:irtp-b-recommendations at icann.org>>
Cc: "'bc-GNSO at icann.org<mailto:'bc-GNSO at icann.org> GNSO list'" <bc-gnso at icann.org<mailto:bc-gnso at icann.org>>
Subject: Business Constituency comment on Board Consideration of IRTP-B Recommendations
The Business Constituency (BC) endorses the recommendations made by the IRTP-B Working Group and encourages ICANN Board members to vote in favor of the motion as drafted.
If Board members have issues which prevent them from supporting the motion, the BC urges the Board refer the issue back to the GNSO Council which can ask the IRTP-B working group to review the Board's feedback, and perhaps modify recommendations where appropriate.
This document was reviewed and approved by BC members in accordance with our charter.




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