[council] Motion regarding Post-Expiration Domain Name Recovery Issues Report

[Gomes, Chuck]

Attached and copied below is a motion I would like to make regarding the
Post-Expiration Domain Name Recovery Issues Report.  I apologize for not
making the 7-day cutoff before our 18 December meeting but I believe the
motion should be fairly straightforward.
 
Chuck
 
 
Motion - GNSO Council Post-Expiration Domain Name Recovery Issues Report


 

12 Dec 08

 

Whereas:

 

On 20 November 2008, the ALAC requested an Issues Report on
Post-Expiration Domain Name Recovery (see Annex I of the Issues Report
cited below or go to 
http://gnso.icann.org/issues/post-expiration-recovery/report-05dec08.pdf
<http://gnso.icann.org/issues/post-expiration-recovery/report-05dec08.pd
f>  

 

On 5 December 2008, in response to the above referenced request for an
Issues Report, ICANN Staff delivered the Issues Report on
Post-Expiration Domain Name Recovery to the GNSO Council (see email from
Marika Konings dated 5 Dec 08)

 

Additional clarification is needed on several items discussed in the
above referenced Issues Report,

 

Resolve:

 

The decision on whether to initiate a PDP will be delayed until the
needed clarification is obtained about Issues Report items defined
below;

 

ICANN Staff is asked to provide clarification NLT 15 January 2009 on the
following from the Issues Report:

*	In Section 4.2, in reference to the last bullet on page 15
regarding "how best to enable the transfer of a domain name in RGP", the
continuation of the same paragraph on page 16 reads, "On the latter
point, the GNSO Council might want to consider whether this should be
investigated in the context of the upcoming Inter-Registrar Transfer
Policy PDP C, 'IRTP Operational Rules Enhancements'."

o       Is it recommended that this would be added to the requirements
for IRTP PDP C?

o       What action items might be needed to accomplish this
recommendation?

o       What changes would need to be made to IRTP PDP C?

*        In the last paragraph of Section 4.2 on page 16, Staff
recommends ". . . the GNSO Council could consider enhancements, which
would highlight more clearly and visibly the provisions of the contract
in relation to auto-renew and expiration policies. It should be noted
that ICANN staff does not recommend that this be included in a PDP . .
."

o       How is it envisioned that this would happen if not via a PDP?

o       What action items might be needed to accomplish this
recommendation?

*        Section 3.7.5 of ICANN's Registrar Accreditation Agreement, as
quoted on page 28, says, "At the conclusion of the registration period,
failure by or on behalf of the Registered Name Holder to consent that
the registration be renewed within the time specified in a second notice
or reminder shall, in the absence of extenuating circumstances, result
in cancellation of the registration by the end of the auto-renew grace
period (although Registrar may choose to cancel the name earlier)." 

o       Is this requirement being enforced?  If not, why not?

o       Under this policy, wouldn't registrars be required to cancel
(delete) a registration, in the absence of extenuating circumstances as
defined in this section, if a Registered Name Holder does not consent to
renewal?  If not, why not?

*        Section 3.7.5.3 on page 29 reads, "In the absence of
extenuating circumstances (as defined in Section 3.7.5.1 above), a
domain name must be deleted within 45 days of either the registrar or
the registrant terminating a registration agreement."

o       Is this requirement being enforced?  If not, why not?

o       Under this policy, wouldn't registrars be required to cancel
(delete) a registration, in the absence of extenuating circumstances as
defined in this section, if a Registered Name Holder or the Registrar
terminates a registration agreement?  If not, why not?

 

 

 

 

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