The 2nd 60-day rule isn't in effect at present, e.g. a name transfers to OpenSRS from NSI, after being at NSI for 4 years, can be transferred to Register.com immediately.
That is correct - but the current policy apparently allows registrars to do whatever the heck they want. Hence the requirement for a new policy.
According to the language above, it is "may deny", and not "MUST DENY". Does OpenSRS intend to deny the transfers if they are the losing registrar? It would add some pain and illiquidity to domain sales, if that happened...
As a compromise, perhaps in that 60 day window, if the registrant explicitly accepts the transfer (via a followup email that OpenSRS would send, i.e. in addition to the one from the Gaining Registrar), the transfer would be permitted?
Also, for paragraph 25, can one enter into a blanket agreement with OpenSRS, to block all outgoing transfers unless the losing registrar confirmation is accepted? (i.e. personally, I think it adds to domain security if the double-confirmation system is in operation) Or, other more secure methods (e.g. some registrars have even higher security options, although they are more labour intensive, but would protect high-value domain names better than just a "registrar-lock"). By default, double-confirmation would be off, but one could then opt-in to it, if desired (i.e. for sophisticated/paranoid domain registrants).
These are all operational issues that James and "the domains group" will be addressing over the coming weeks as we implement the new policy. Stay tuned for more info.
One other thing I'd like to mention -- it would be nice if the transfer disputes were all made public. Then, one can see whether certain registrars have a high propensity to make inappropriate (*cough* Steal domains *cough*) transfers. It adds to the transparency of the system, and can help uncover patterns of fraud.
Interesting idea. I'll jot it down and include it in Tucows comments to the staff if you wish.
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-rwr
"Don't be too timid and squeamish about your actions. All life is an experiment. The more experiments you make the better." - Ralph Waldo Emerson
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