[GNSO-TPR] ICANN Compliance data: Transfer-related complaint metrics for group/phase 2 charter questions

[Emily Barabas]

Dear working group members

ICANN Compliance has shared the attached metrics for the working group’s consideration to support deliberations on group/phase 2 charter questions. Please see further explanation of the data set below. Holida will share additional context on our upcoming call scheduled for 28 February 2023.

Staff also had an action item from our last call to investigate whether there may be additional metrics from RADAR or the Naming Services Portal regarding use of the TEAC. Unfortunately, such metrics are not available through the Naming Services Portal. In addition, data is not available from RADAR as it has been sunsetted.

Kind regards,
Caitlin, Julie, Berry, and Emily



To address the request for metrics from Contractual Compliance needed during the review of Phase 2 topics (i.e. TEAC, TDRP, ICANN-approved bulk transfers), we have prepared the attached metrics for Transfer complaints that we received, and the below clarification regarding these metrics and response to the item relating to ICANN-approved bulk transfers.

On 29 August 2020, ICANN Contractual Compliance migrated to a new case processing platform, the Naming Services portal for Compliance (NSp Compliance). NSp Compliance includes “smart forms” tailored for individual complaint types, which capture additional reporting criteria for each complaint type, including: reporter type (e.g., Law Enforcement Agency, Registrant, etc.) and subject matter category for the complaints received and processed (e.g., whether a transfer complaint specifically refers to a non-response to a Transfer Emergency Action Contact/TEAC request). The subject matter category is initially selected by the complainant at submission and, where necessary, amended by ICANN Compliance when the selected category does not properly reflect the issue that the complainant alleges is taking place in connection with the domain name. Additionally, invalid complaints (e.g., referring to ccTLD domain names or to a parties over whom ICANN has no enforcement authority) are closed without initiating a case with the registrar.

From 1 September 2020 through 31 December 2022, ICANN Compliance received 162 complaints for which the complainant selected the TEAC category. However, only five cases were validated and confirmed to refer to TEAC obligations as described in the Transfer Policy and addressed with the relevant registrars. Similarly, on 141 occasions, complainants selected categories indicating Transfer Dispute Resolution Policy (TDRP) matters (e.g., inter-registrar transfers or change of registrant requests denied due to an ongoing TDRP). However, no valid case was initiated with a registrar referring to TDRP-related obligations.

Finally, ICANN Contractual Compliance does not track complaints related to ICANN-approved bulk transfers in I.B of the Transfer Policy. A bulk transfer may occur as the result of complaints received by ICANN Contractual Compliance when such complaints result in the termination of a registrar’s accreditation. After a bulk transfer has taken place, ICANN Contractual Compliance sometimes receives complaints alleging unauthorized transfers because the registrant was not aware of the bulk transfer and was either confused by the change or not did not agree to the new registrar’s renewal fees. In these cases, ICANN Compliance provides relevant information to the complainant. Because the gaining registrar did not violate any obligations, the complaint is closed without being forwarded to the registrar.

Please let me know if you have any questions or need further clarification.

Thank you.
Holida


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