Policy Development Process to Review the Transfer Policy: Difference between revisions
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==History and Work Progress== | ==History and Work Progress== | ||
The Final Issue Report was presented to the GNSO Council in advance of their February council meeting.<ref>[https://community.icann.org/download/attachments/157188391/Transfer%20Policy%20-%20Final%20Issue%20Report%20Webinar%20-%201%20Feb%202021%20-%20Final.pdf PDPRTP - Final Issue Report Webinar], February 20, 2021</ref> After initiation of the project at the February council meeting, the | The Final Issue Report was presented to the GNSO Council in advance of their February council meeting.<ref>[https://community.icann.org/download/attachments/157188391/Transfer%20Policy%20-%20Final%20Issue%20Report%20Webinar%20-%201%20Feb%202021%20-%20Final.pdf PDPRTP - Final Issue Report Webinar], February 20, 2021</ref> After initiation of the project at the February council meeting, the GNSO publicly launched the project at [[ICANN 70]] with an introductory session.<ref>[https://70.schedule.icann.org/meetings/w6oKZ4aZbisQE8kyE ICANN 70 - GNSO Introduction: PDP to Review Transfer Policy], March 22, 2021 (login required)</ref> The session provided an overview of the issue areas, identified ways for community members to participate, and described the composition and sources of the Working Group membership.<ref>[https://cdn.filestackcontent.com/content=t:attachment,f:%22Transfer%20Policy%20PDP%20-%20ICANN70%20-%20Final.pptx%20(1).pdf%22/GoFEFpcRfWVQ5sP97ZiA ICANN 70 - GNSO Slides from Introductory Session], March 22, 2021</ref> | ||
===Phase 1(a) Initial Report & Public Comment=== | ===Phase 1(a) Initial Report & Public Comment=== | ||
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# Update and revise some of the reasons that the Registrar of Record '''may''' deny a transfer request under the Transfer Policy so that they become circumstances under which the Registrar of Record '''must''' deny the transfer request; | # Update and revise some of the reasons that the Registrar of Record '''may''' deny a transfer request under the Transfer Policy so that they become circumstances under which the Registrar of Record '''must''' deny the transfer request; | ||
# Update and refine the language of the Transfer Policy's existing list of circumstances under which the Registrar of Record must deny a transfer request; and | # Update and refine the language of the Transfer Policy's existing list of circumstances under which the Registrar of Record must deny a transfer request; and | ||
# Update and revise the Transfer Policy so that situations in which a Registrar '''may not''' deny a transfer request are instead situations in which the Registrar of Record '''must not''' deny such a request.<ref name="1adraftIR" /><ref>[https://docs.google.com/document/d/1clAqB1wBeOf9ZC5RMMxKrrUTs3N2WyaVYTIyVy_ODs4/edit | # Update and revise the Transfer Policy so that situations in which a Registrar '''may not''' deny a transfer request are instead situations in which the Registrar of Record '''must not''' deny such a request.<ref name="1adraftIR" /><ref>[https://docs.google.com/document/d/1clAqB1wBeOf9ZC5RMMxKrrUTs3N2WyaVYTIyVy_ODs4/edit Transfer Policy Review PDP - Summary of Preliminary Recommendations] (Google Doc)</ref> | ||
After circulation for review and comment within the Working Group, the deadline for suggestions or objections to the initial draft passed without any such suggestions on May 14, 2022.<ref>[https://mm.icann.org/pipermail/gnso-tpr/2022-May/000450.html Email from ICANN staff to PDP-TPR Listserv], May 12, 2022</ref> The Initial Report was scheduled to be presented during [[Prep Week]] of [[ICANN 74 - The Hague|ICANN 74]].<ref>[https://www.icann.org/en/announcements/details/icann74-prep-week-schedule-now-available-16-05-2022-en ICANN.org Blog - ICANN 74 Prep Week Schedule Now Available], May 16, 2022</ref> The presentation focused on the deliberations and rationales of the working group and the recommendations and outputs of the initial report.<ref>[https://74.schedule.icann.org/meetings/R6mxL9aTrm6NNWj3f ICANN 74 Archive - Initial Report of GNSO Transfer Policy Review], June 2, 2022</ref> | After circulation for review and comment within the Working Group, the deadline for suggestions or objections to the initial draft passed without any such suggestions on May 14, 2022.<ref>[https://mm.icann.org/pipermail/gnso-tpr/2022-May/000450.html Email from ICANN staff to PDP-TPR Listserv], May 12, 2022</ref> The Initial Report was scheduled to be presented during [[Prep Week]] of [[ICANN 74 - The Hague|ICANN 74]].<ref>[https://www.icann.org/en/announcements/details/icann74-prep-week-schedule-now-available-16-05-2022-en ICANN.org Blog - ICANN 74 Prep Week Schedule Now Available], May 16, 2022</ref> The presentation focused on the deliberations and rationales of the working group and the recommendations and outputs of the initial report.<ref>[https://74.schedule.icann.org/meetings/R6mxL9aTrm6NNWj3f ICANN 74 Archive - Initial Report of GNSO Transfer Policy Review], June 2, 2022</ref> | ||
The WG received 34 submissions in response to its Initial Report of Phase 1(a).<ref>[https://itp.cdn.icann.org/en/files/inter-registrar-transfer-policy-irtp/summary-report-initial-report-transfer-policy-review-phase-1a-30-08-2022-en.pdf Phase 1(a) Public Comment Summary Report, ICANN Files]</ref> Many of the submissions concerned the elimination of the losing FOA and the replacement with notifications to the RNH (Preliminary Recommendations 2, 3, and 4), TAC time to live (Preliminary Recommendation 13), and transfer restriction after initial registration and inter-Registrar transfer (Preliminary Recommendations 16 and 17). These concerns were also discussed at [[ICANN 75]].<ref>[https://75.schedule.icann.org/meetings/hNdkMxTP2FLu93z6h Transfer Policy Review Working Sessions, ICANN75]</ref> | |||
===Phase 1(b)=== | |||
At [[ICANN 74]], the working group turned its attention to Phase 1(b), change of registrant.<ref name="74wg">[https://74.schedule.icann.org/meetings/exSok5N3N9WTCM4LH ICANN 74 Archive - GNSO Transfer Policy Review PDP Working Group], June 13, 2022</ref> Noting that the first charter question challenged the necessity of a continued Change of Registrant Policy, [[Jim Galvin]] first requested feedback on that question as a "threshold" issue prior to deliberating any of the details of the policy and related charter questions.<ref name="74wg" /> The group consensus was that the policy was useful.<ref name="74wg" /> | |||
As of [[ICANN 76]], the Working Group had produced the Phase 1A Initial Report, revised recommendations following the public comment period, and conducted preliminary deliberations on Phase 1B topics. The WG revised the project plan to account for newly-found dependencies between topics, consolidated work into a single phase, and planned an additional Initial Report to cover all topics and a single Final Report. The WG began discussing Phase 2 (now Group 2) topics in February 2023 and will return to Group 1 topics following the preliminary outputs of Group 2 topics.<ref>[https://community.icann.org/display/TPRPDP/2023-03-11+ICANN76+Transfer+Policy+Review+PDP+WG+Call Transfer Policy Review WG Session, ICANN 76]</ref> | |||
===Group 2 Topics=== | |||
===== Transfer Emergency Action Contact (TEAC) ===== | |||
* Registrars must establish a Transfer Emergency Action Contact ("TEAC") for urgent communications relating to transfers. (Transfer Policy, Section I.4.6) | |||
**May be designated as a telephone number or some other real-time communication channel (Sec. I.4.6.1) | |||
**Must generate a non-automated response by a human representative of the Gaining Registrar (Sec. I.4.6.2) | |||
**Responses are required within 4 hours, although final resolution of the incident may take longer. (Sec. I.4.6.3) | |||
**Channel is reserved for Rrs, Rys, and ICANN org (Sec. I.4.6.2) | |||
**Records of communications for this channel must be retained and documentation must be shared with ICANN and Rys upon request | |||
TEAC Objectives: | |||
*24/7 access to registrar technical support staff for emergencies | |||
*Quickly reverse instances of domain name hijacking or transfer errors | |||
*Ensure the registrar representative is empowered to take action on TEAC requests | |||
*Policy violation for non-responsive registrars | |||
===== Transfer Dispute Resolution Policy (TDRP) ===== | |||
Description: | |||
*Designed for cases of invalid inter-registrar transfers, where registrars are unable to resolve the issue amongst themselves | |||
*Must be filed by Registrar (not Rt) within 12 months of invalid transfer (TDRP Sec. 2.2) | |||
*Decided by independent panelist(s) appointed by the Provider (TDRP, Sec. 1.3) | |||
*Complainant must pay a fee to file a TDRP (may be transferred to the respondent in some instances) (TDRP, Sec. 3.3) | |||
*Documentation of improper transfer is required (TDRP, Sec. 3.1, 3.2)<br/> | |||
The WG decided that the TDRP should not include dispute resolution options for registrants, because adding a new class of parties to an already complex, technical process would overload it. The WG couldn't imagine how a loser-pays TDRP cost-recovery scheme would work when the dispute was between a legitimate registrant and a criminal. Therefore, they decided to create separate inter-registrant and inter-registrar transfer dispute-resolution processes and not to open the IRTP to registrant disputes. | |||
==References== | ==References== | ||