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On 26/01/2005 10:31 AM Kai Schaetzl noted that;

| Everywhere else if you want something you have to prove to the current
| owner/maintainer that you are allowed to get it. But with the new domain
| transfer policy that confirmation is done against the new registrar.
This is
| weird. I know it is supposed to ease transfers of domains from unwilling
| registrars, but at the same time places a high risk of something going
wrong
| on the whole procedure.

The task force heavily studied a number of industries and was hard
pressed to find actual examples where the equivalent of the losing
registrar had a substantial role to play in the transfer process. In the
end, we settled on a model similar to what the North American telco
industry uses for customer line transfers between the various telco
providers.

| And, is it really true that it eases transfers from unwilling
registrars away?
| This only works if those registrars stop playing foul. Why should they
do so?
| There weren't any sanctions from ICANN against them during the last
years, so
| why should this be different now? Does somebody can tell facts about
this?
| That transfers from Enom, NetSol et.al. are now easier than a year ago?

Two reasons: 1) in the past, the registries were supposed to enforce
these aspects of the policy. In practice, this arrangement was a dismal
failure. 2) in the past, there were no clear sanctions in place to
prevent bad practice other than to suspend access to the registry.
Again, this was a practical failure.

The current policy moves the enforcement onus to ICANN and implements
substantial financial penalties for bad actors. Since implementing this
policy, ICANN has demonstrated a clear willingness and capability to
live up to their enforcement obligations and the financial penalties
appear to be the deterrent they were intended to be.

I just wish that ICANN was more public with their successful
"prosecutions" of this policy so that this perception problem wasn't
such an issue.

- --


Regards,



                -rwr

        "Goofy shit"
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