[gnso-irtpd] Fwd: [registration-issues-wg] [ALAC] Registrants and the transfer process

[Holly Raiche]

Hi Everyone

From out of the blue - someone who is interested in this subject from an academic perspective.  I am happy to be the go-between if people are comfortable with that.

Holly

Begin forwarded message:

> From: Sarah Alkire <skalkire at uw.edu>
> Date: 22 December 2013 3:54:48 PM AEDT
> To: Holly Raiche <h.raiche at internode.on.net>, Dharma Dailey <dharma.dailey at gmail.com>
> Subject: RE: [registration-issues-wg] [ALAC] Registrants and the transfer process
> 
> Hi Holly,
> 
> Thanks for the explanation. I am new to all of this, but am catching up. Do you have any sense of what percentage (or what you think the percentage is) of wrongful transfers versus other scenarios?
> 
> I do have someone that complained of losing their domain on another list (geared to women in IT) and wanted to complain to ICANN. The situation seems to be due to a squatter, and a registrant that let it be purchased by 2 businesses. The person that lost was the owner of a small business. Would you like me to connect you to her?
> 
> At any rate, do you have a way for me to participate in gathering information for your working group, or this issue?
> 
> Sarah
> From: Holly Raiche [h.raiche at internode.on.net]
> Sent: Saturday, December 21, 2013 4:24 PM
> To: Dharma Dailey
> Cc: Sarah Alkire
> Subject: Re: [registration-issues-wg] [ALAC] Registrants and the transfer process
> 
> Thanks Dharma and Hi Sarah
> 
> Happy to have feedback on wrongful transfers.  The Working Group I am in is looking at the Inter-Registrar Transfer Process - in particular looking at the variety of situations in which it occurs.  The issue underlying it is to understand when the transfer is wrongful in the sense that it has happened contrary to provisions of ICANN policy and RAA requirements as against situations when the transfer has occurred for other reasons (such as a web designer not transferring control to the company for which the site as designed, or a dispute within the organisation that haws the website)
> 
> The ultimate purpose is to understand when ICANN might provide redress for the registrant losing the name, and when the issue is outside of ICANN's remit.
> 
> Thanks
> 
> HOlly
> 
> On 21/12/2013, at 2:08 AM, Dharma Dailey wrote:
> 
>> 
>> Hi Holly, 
>> 
>> I'd like to introduce you to Sarah Alkire who will be representing my ALS in London.  She is new to At-Large and ICANN but I think she brings a lot to the table. She's in IT at the University of Washington and is pursuing her second masters in Human Centered Design and Engineering. She has the tech background to know how the Internet works and is well along in her training in user research.  Sarah's interested in working on the wrongful transfer of registration that you posted about. If you can loop her in, that would be great. 
>> 
>> Best, 
>> Dharma 
>> 
>> 
>> On Dec 19, 2013, at 12:39 PM, Sarah Alkire wrote:
>> 
>>> Hi Dharma,
>>>  
>>> This is an issue that I’d really be interested in. Thoughts?
>>>  
>>> Sarah
>>>  
>>> From: registration-issues-wg-bounces at icann.org [mailto:registration-issues-wg-bounces at icann.org] On Behalf Of Holly Raiche
>>> Sent: Wednesday, December 18, 2013 10:32 PM
>>> To: registration-issues-wg at icann.org
>>> Subject: [registration-issues-wg] Fwd: [ALAC] Registrants and the transfer process
>>>  
>>> Hi Everyone
>>>  
>>> I sent this to the ALAC list, and Olivier suggested that I send it to this list as well.
>>>  
>>> Any and all input would be welcome
>>>  
>>> Thanks
>>>  
>>> HOlly
>>>  
>>> (I am sending this as a member of the Inter-Registrar Transfer Policy D WG (a GNSO WG)
>>>  
>>> Begin forwarded message:
>>> 
>>> 
>>> 
>>> Where the ITRP D working group is up to is gathering scenarios where the registrant has lost their domain name.
>>>  
>>> By way of background, in the earlier working group (IRTP C), the possibility of the registrant being able to access the Inter-Registrar Transfer Policy dispute mechanism.  But for this working group, allowing registrant access to the process is seen to be too hard.  But the WG agrees that there must be redress for registrants who have (wrongly) had their domain name transferred away.  
>>>  
>>> Some of the scenarios are really not - at their base - an ICANN issue. (the admin contact quits/is fired, and then cancels the name, takes it with him/her, or the web designer gets the site up and running and then doesn't give the name to the person who hired him/her.)  
>>>  
>>> But there are many scenarios that do amount to a breach of the RAA/policy.
>>>  
>>> The WG's view at this stage is to have the registrant be able to go to Compliance for enforcement of the transfer rules if the rules/policy has not been followed.
>>>  
>>> What Compliance has done for the group is forward the many situations which will be considered as a breach of the RAA/policy and for which ICANN should be able to order a transfer back of the name to the registrant.  
>>>  
>>> Does anyone have any real life scenarios that I can take to the group when it reconvenes in January so that the WG can 'road test' how various scenarios would be played out - i.e., in what circumstances the registrant, with ICANN help, can recover a name transferred away from them that should not, under ICANN rules, not have been transferred. 
>>>  
>>> Holly
>>>  
>>> <ATT00001.c>
>> 
> 
> 

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