[registration-issues-wg] Fwd: [ALAC-Announce] ICANN News Alert -- Policy Implementation Update

Olivier MJ Crepin-Leblond ocl at gih.com
Thu Jun 2 10:06:47 UTC 2016


Hello all,

the implementation below regarding transfer policy. As most of the
complaints from end users are about their relationship with their
Registrar, whether wanting to transfer names or else, it is quite
important that we have a good look at the amended policies. Furthermore,
some of the policies have been amended to better combat domain name
piracy in its various forms -- which in theory should benefit legitimate
domain name registrants.
FYI past ALAC Statements on the topic of Inter Registrar Transfer Policy:
https://atlarge.icann.org/advice_statements/9741
https://atlarge.icann.org/advice_statements/6821
https://atlarge.icann.org/advice_statements/7771
https://atlarge.icann.org/advice_statements/8441

I'd like to think that our Statements have made a real difference.

Kindest regards,

Olivier


-------- Forwarded Message --------
Subject: 	[ALAC-Announce] ICANN News Alert -- Policy Implementation Update
Date: 	Thu, 2 Jun 2016 08:47:41 +0000
From: 	ICANN At-Large Staff <staff at atlarge.icann.org>
To: 	ALAC Announce <alac-announce at atlarge-lists.icann.org>





ICANN News Alert
ICANN <http://www.icann.org/>


    News Alert

https://www.icann.org/news/announcement-2016-06-01-en

------------------------------------------------------------------------


    Policy Implementation Update

1 June 2016

ICANN announces the implementation of amendments to the Transfer Policy
and the Transfer Dispute Resolution Policy (TDRP).

The amended Transfer Policy is applicable to all gTLD names and
ICANN-accredited registrars. The amended TDRP is applicable to all gTLD
names, ICANN-accredited registrars, and registries. These new
requirements will take effect and will be enforced by ICANN beginning on
*1 December 2016*.


      History

The GNSO Council unanimously voted to approve the consensus policy
recommendations of the IRTP Working Group C on 17 October 2012. The
ICANN Board adopted the recommendations
<https://www.icann.org/resources/board-material/prelim-report-2012-12-20-en#2.a>
of the GNSO Council on 20 December 2012. ICANN worked in consultation
with the GNSO Implementation Review Team, which was formed as directed
by the GNSO Council to work with ICANN, to ensure that the resultant
implementation fulfills the intentions of the approved policy
recommendations. The draft policy went through public comment
<https://www.icann.org/public-comments/irtp-c-2015-03-30-en> on 30 March
2015. The updates were announced
<https://www.icann.org/news/announcement-2-2015-09-24-en> on 24
September 2015. Following subsequent feedback from members of the ICANN
community, ICANN has updated the text of the Transfer Policy to address
concerns and provided additional time for registrars to implement the
revised Transfer Policy.

The GNSO Council unanimously adopted the recommendations of the IRTP
Working Group D on 15 October 2014. The ICANN Board adopted the
recommendations
<https://www.icann.org/resources/board-material/resolutions-2015-02-12-en#1.d>
of the IRTP Part D Working Group on 12 February 2015. The Implementation
Review Team in conjunction with ICANN staff worked together to develop a
revised Transfer Dispute Resolution Policy (TDRP) as well as a revised
Transfer Policy. The draft policy went through public comment
<https://www.icann.org/public-comments/irtp-d-implementation-2015-11-10-en>
on 10 November 2015.


      Updates

The updates to the Transfer Policy include:

 1.  Registrars must deny an inter-registrar transfer request if the
    registrar imposed a 60-day inter-registrar transfer lock following a
    Change of Registrant, and the Registered Name Holder did not opt out
    of the lock.
 2.  The definition of Material Change, as it relates to a Change of
    Registrant, has been clarified.
 3.  The required information in the notification to the Prior and New
    Registrant has been modified.
 4.  Registrars must deny an inter-registrar transfer in the event of a
    URS proceeding that the registrar has been informed of.

A redline version of the Transfer Policy showing changes can be found
here:
https://www.icann.org/en/system/files/files/transfer-policy-redline-25may16-en.pdf
[PDF, 552 KB]

An updated version of the Transfer Policy can be found here:
https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en

The updates to the TDRP include:

 1.  New definitions have been added.
 2.  Registrars must file TDRP complaints with ICANN-approved dispute
    resolution providers and can no longer file TDRP complaints with
    registries.
 3.  The statute of limitations to file a TDRP Complaint has been
    changed from 6 months to 12 months.
 4.  The updated enumerated reasons for denying an inter-registrar
    transfer in the Transfer Policy have been added to the TDRP.
 5.  Transfers from a Gaining Registrar to a third registrar, and all
    other subsequent transfers, are invalid if the Dispute Resolution
    Panel decides that the Gaining Registrar acquired the domain name(s)
    through an Invalid Transfer.
 6.  In the event the Dispute Resolution Panel determines that an
    Invalid Transfer occurred, the domain shall be transferred back to
    the registrar that was the Registrar of Record immediately prior to
    the Invalid Transfer.
 7.  TDRP Providers must publish TDRP decisions.

A redline version of the TDRP can be found here:
https://www.icann.org/en/system/files/files/tdrp-redline-25may16-en.pdf
[PDF, 370 KB].

An updated version of the TDRP can be found here:
https://www.icann.org/resources/pages/tdrp-2016-06-01-en.

Questions about these policy changes may be directed to
globalsupport at icann.org <mailto:globalsupport at icann.org>.



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